In the realm of personal injury cases, the expert witness is a keystone. They bring clarity to complex medical issues, provide objective evaluations, and help the court understand the extent of injuries. But what makes a good expert witness? Here are the top 10 qualities to look for.
1. Credibility
The expert’s credibility is paramount. Whether it’s a Pain Management specialist, an Orthopedic Surgeon expert witness, a psychiatrist expert in Ontario, or anyone else in the sector, their reputation in their field can significantly impact their testimony. Credibility comes from a combination of factors including education, experience, professional accomplishments, recognition by the courts, and recognition by peers. It’s not just about having the right qualifications, but also about being respected and recognized in their field. Allevio Med Legal rarely if ever works with an expert who practises in their field less than 50% of their professional time, and insists that experts work for both plaintiff and defence clients (as long as there’s a market for their services). It’s an unnecessary risk to hire a “hired gun” as you never know when their credibility will be called into question.
2. Experience
Look for experts with extensive experience, not just in their field, but also in providing expert testimony. Experience with Functional Ability Evaluation (FAE), Independent Medical Examination (IME), or their applicable reporting form in Ontario can be particularly valuable. An expert who has testified in court before will be familiar with the process and will know what to expect. They will be able to handle cross-examinations more effectively and will be able to present their findings in a clear and persuasive manner. Now, of course, one can’t gather this experience without being hired a number of times without it, so when dealing with a new expert, meeting or chatting with them in advance of hiring is a good way to ensure counsel’s comfortable with their ability to articulate answers and handle the pressure of the Ontario or Canadian court witness box.
3. Communication Skills
The expert should be able to articulate complex medical issues in a clear and understandable manner. This is crucial in helping the court understand the medical aspects of the case. Good communication skills involve not just speaking, but also listening and writing. The expert should be able to listen to the questions posed to them, understand what is being asked, and provide clear and concise answers. They should also be able to write clear and comprehensive reports that can be easily understood by non-medical professionals. Reviewing an experts sample reports before hiring them is a good way to see how they write and how they will work with you to offer the court their opinion.
4. Objectivity
A good expert witness should be objective and unbiased. Whether it’s a Plaintiff IME in Ontario or Defense IME anywhere in Ontario or throughout Canada, the expert’s primary duty is to the court, not to the party who hired them. They should base their findings on the facts of the case and the accepted methodologies in their field, not on who is paying their fees. They should be able to provide the same opinion regardless of which side hired them. It’s commonly understood however that the role of the lawyer is to advocate for their client, and lawyers will often choose an expert they feel strongly will offer a report and perspective they can count on as a tool to advocate. The risk that counsel take when hiring somebody who isn’t always independent is that their experts track record or other work may be held against the victim or counsel. Objectivity of a report can be a critical and often overlooked component of a case.
5. Attention to Detail
The expert should be meticulous and detail-oriented. They should be able to review medical records thoroughly, conduct comprehensive assessments, and provide precise and accurate reports. Attention to detail is crucial in ensuring that no important information is overlooked. A small detail could potentially have a significant impact on the case. A key part of working with a reputable IME company is that the IME company may have Quality Assurance (“QA”) resources as part of their value. This service will often work with the expert to help ensure the details (not the substantive opinion) of their report are all consistent with their opinions. There is case law in Ontario around the role of QA and the IME companies, and it’s very clear the expert should write all of their own reports. Understanding the nuance and ensuring that your expert wrote their own report, and that QA was done properly and ethically is a key consideration.
6. Reliability
The expert’s findings should be reliable and consistent. They should be able to justify their conclusions based on accepted methodologies in their field. Their findings should be repeatable, meaning that another expert in the same field should be able to arrive at the same conclusions given the same information. Reliability also involves being consistent in their testimony. They should not change their opinion without a valid reason. Validated outcome measurement tools should be the basis of their opinions, and with our ACTIVE program as an example, the more clear and objective data that can be gathered and used in a report, the more compelling the evidence.
7. Professionalism
The expert should conduct themselves professionally at all times. This includes being punctual, respectful, and maintaining the confidentiality of the case. They should respect the court, the legal process, budgets and all parties involved in the case. While they should also adhere to the ethical guidelines of their profession, many do not. This presents a vulnerability and an opportunity for counsel at trial.
8. Resilience
The expert should be able to handle pressure, particularly during cross-examination. They should be able to maintain their composure and provide consistent testimony, even when challenged. They should not take things personally and should be able to handle criticism professionally. They should be able to stand by their findings, even in the face of opposition.
9. Continued Education
Look for experts who are committed to continued learning. This shows that they are up-to-date with the latest developments in their field. Medicine and technology are constantly evolving, and an expert witness needs to keep pace with these changes. They should be familiar with the latest research, techniques, and technologies in their field. They should also be willing to invest time and effort in learning and improving their skills. It’s wise to ask them about their Continuing Medical Education (CME) efforts prior to hiring them, and to ensure they are consistently participating in their community events and conferences as well.
10. Passion
While it may seem less important, passion for their field can make a difference. A passionate expert is likely to be more dedicated, thorough, and convincing in their testimony. They are likely to stay updated with the latest developments in their field, go the extra mile in their assessments, and be more persuasive in their testimony. Passion is something that cannot be faked and is often evident in the expert’s enthusiasm, dedication, and commitment to their work.
Choosing the right expert witness can significantly impact the outcome of a personal injury case. By looking for these qualities, you can ensure that you select an expert who is capable, credible, and effective in their role.
Remember, not all expert witnesses are created equal. The best expert witnesses are those who combine technical expertise with excellent communication skills, objectivity, and a commitment to professionalism.
When choosing an expert witness, it’s important to look beyond their qualifications and consider their experience, reputation, and demeanour. The best expert witnesses are not only experts in their field, but also understand the legal process and can communicate effectively with the court and the jury.