Medical Expert Witnesses

Introduction

Statutory law defines the qualifications of medical experts and mandates their testimony in order to establish a claim of negligence. Since expert witness testimony is an absolute requirement during malpractice cases, you will play a critical and indispensable role in litigating these actions. Thorough understanding and preparation will be the key to your success in this challenging and rewarding role.

Role of the Expert Witness

It is virtually impossible for lay jurors to assess the professional standard of care and to determine if it has been violated. The “proof of negligence” is thus secured through expert witness testimony.

“An expert is a person who, by virtue of education and/or experience, is qualified to assist a judge and jury in matters requiring special knowledge or learned expertise .”

Murphey, The Expert Witness, 43 AORN 1 (1986).

Expert witnesses are required by both the Plaintiff and the Defense, and offer their testimony in pre-trial reports, depositions, and in court. Although an expert is retained exclusively by either the Plaintiff or the Defense, a credible expert offers unbiased, professional opinions and owes no loyalty to either side. His or her purpose is simply to clarify the medical facts of the case and to assess impartially the quality of the medical care provided to the Plaintiff.

An expert witness accomplished this task through a meticulous review of all medical records and documents submitted to the court. At the conclusion of the review, the expert should reach an opinion that either supports or refutes the prevailing case theory. If your opinion is favorable, then the case may proceed with you as the designated expert. If your opinion is not favorable, then the attorney may choose another course of action, such as terminating or settling the case. In any event, when a case is meritorious, the fact remains that each side will choose an expert whose INDEPENDENT opinion supports their own. Therefore, although you are unbiased, you should remain committed to the conclusions that you have drawn since it is precisely those conclusions that have led to your selection as an expert.

Requirements

We require all of our experts to be Board Certified and actively practicing in their chosen field of expertise. Beyond that, the most essential quality of an expert is the ability to educate the jury through open and honest communication. This is best easily facilitated by experts who are confident articulate, unbiased, and professional. A proper mix of these attributes allows the jury to view an expert as an impartial commentator whose goal is to educate and inform in the hope that justice will prevail. Of course, THE MEDICAL EXPERT is committed to your success and we offer full support to outstanding physicians who may be inexperienced in the legal world.

Our Goal

The primary function of our business is to act as the facilitator between medical experts and the attorneys who retain them. Once we contact you, the first step is to rule out any conflict of interest and to review some of the basic case details. For the purpose of complete impartiality, we can neither interpret nor discuss any of the specific facts of the case. If the case fits within your area of interest and expertise, then we will secure your fee schedule and Curriculum Vitae to review with the requesting attorney. Once the law firm has agreed to retain you, THE MEDICAL EXPERT will arrange for you to receive a complete set of medical records and a retainer check. From this point forward, you will work exclusively with the law firm. Your opinions, and the billing that you generate, should be submitted directly to the law firm per your preexisting arrangement. THE MEDICAL EXPERT derives no reimbursement from your hourly charges, and THE MEDICAL EXPERT is not involved with your independent opinions.

If you have questions or would like to join our team, feel free to contact us at any time.

You may Ask the Expert! Or, call toll-free: (888)335-3652.

NOTE: The information on this web site is provided as an educational courtesy by THE MEDICAL EXPERT. It neither is intended to provide specific legal advice, nor is it a substitute for consultation with a licensed attorney