Life as a Medical Malpractice Attorney: Bringing in the Pros - Working with Expert Witnesses

Posted on 08-18-2015 by
Tags: Trending News & Topics

If you have been following our series focusing on a “day in the life of a medical malpractice attorney” you now know the myriad amount of considerations to guide you through decisions that would help you prevail, regardless of whether you sit on the plaintiff or defense side of the table.

A third item you will need to consider is selecting an expert witness. According to this LexisNexis White Paper – Life as a Medical Malpractice Attorney – when it’s time to have the experts take a look at your case, choose the best that is most relevant to your case.

Who is writing the peer-reviewed literature on these topics? Who’s at the cutting edge of these issues in the relevant medical community? Research them. Then call them. Make sure you have their up-to-date curriculum vitae and that all-important fee schedule. Know what you are in for in terms of fees. And don’t send them any records to review until they commit to testifying at trial if you think you will need them.

Get the most out of expert depositions in three easy steps:

1. Gather the expert’s professional background. You want to know if the expert works exclusively for plaintiff or defense. Does he have a consulting organization? What percentage of his work is consulting? How much is he being paid? Has he ever been disqualified by a court?


2. See what the expert has reviewed in your case. Which records did he examine? Did he review the medical records “blind,” or did he have a hint about what he was looking for?


3. Extract the opinions. Thoroughly extract every opinion. Then, most importantly, you must ask, “Do you believe you’ve done everything you need to do in order to form and state your opinions in the case?”

In short, a lot of money is wasted on experts who never intended to testify in court. By conducting some research upfront will help you find the right professional for your and your client.

Download the complete white paper via SlideShare >>

If you found this article to be of interest, you may be interested in the following LexTalk posts:

To build and deliver your winning case, you need the right tools. Seek out LexisNexis® Litigation Strategy & eDiscovery Solutions.


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