Considering Acting as an Expert Witness in Medical Malpractice Cases? Points to Ponder

The legal system relies on expert witnesses who play a pivotal role when it comes to deciding on the verdict of a case. For example, a medical malpractice lawsuit will sometimes hinge on expert witness testimony. While experts from many professional fields are used in both criminal and civil cases, some of the most important expert witnesses to frequent a courtroom are from the medical profession. From medical malpractice claims to products liability litigation such as pharmaceutical cases, medical experts oftentimes make or break a case. The type of medical expert that can be called to testify is as varied as the medical field itself. If you have been asked to be an expert in a case or if you are considering offering your services and are curious about how this works, we offer some information below.

Generally, a witness may be qualified as an expert based on knowledge, skill, experience, training, or education. The witness need not be the best available expert or have the most extensive training, research, publications, and awards. However, the expert’s qualifications must be established on the record before the witness is asked to give opinions. Proper licensure, followed by training and familiarity in the subject areas is essential. Also, different jurisdictions have slightly different rules and laws that apply to qualifying an expert.

Every legal case is a little different, so a good fit for any case depends on many factors. Expert witnesses should remain neutral even though they have been hired by one side of a lawsuit. The AMA Code of Medical Ethics Opinion 9.07 expressly states that physicians who serve as expert witnesses must deliver honest testimony grounded in “recent and substantive experience or knowledge” in the area in which they testify and be committed to evaluating cases objectively and to providing an independent opinion. Expert witnesses should consult their certifying boards or medical associations as many publish ethics guidelines that apply to legal-expert work. Potential experts are often initially contacted by lawyers because they are generally recognized in their respective field and/or published in medical journals on a relevant subject.

Experts are paid for their services. The fees vary due to specialty but are generally hourly and vary due to the type of service. For example, a review of records may be charged differently than deposition testimony or testimony in a court room.

We are often asked how a medical professional can get started in this area. One way is to speak to someone you know who has been an expert witness, or has worked with an attorney’s office and is familiar with the process. If you decide being an expert witness is for you, make sure your CV is up to date as you will have to submit it to the attorney who retains you.

For further information contact us.