One of the initial focuses of a claim arising from an outbreak of Legionnaire’s Disease is that of an expert (also known as an expert witness). In most complicated cases an expert will most certainly be required.
Role of Experts in Legionnaires’ Outbreak Case
Most of the legionnaires issues will involve medical causation and extent of injury. The existence of legionella and the fact that a victim contracts the disease will already be concluded by a physician, but the origination of the legionella virus will be where the initial dispute will arise.
Opposing Lawyers
One can be certain that any company or organization that is being accused of exposing the public to legionella will immediately deny any responsibility. It is the nature of the beast. At the time the organization is denying the responsibility, you can also be assured that they are obtaining advice from lawyers that are knowledgeable about these claims, and will be seeking to protect the organization. (See post on recorded statements.)
Importance of Experts
As a family member may be hospitalized, the first concern is over the person’s health, survival and recovery. It is at these critical times that there should also be a focus on preserving the claim and the connection to the source of the outbreak. However, an expert in the area of infectious disease or industrial hygiene are essential in determining the source of the virus, and performing the appropriate testing to secure the evidence and opinion of causation.
While these experts may be costly, there is simply no shortcut to establishing the causal connection between a diagnosis of legionnaires disease, and the source of the legionella.
