In the complex world of medical litigation, having a qualified and credible medical expert witness can make all the difference in your case. These professionals bring their expertise to assist the court in understanding intricate medical facts and details about your case. To fully leverage this resource, you should ask your medical expert witness some critical questions. Here are seven essential ones:
What is Your Experience and Expertise?
Understandably, it’s crucial that your medical expert witness has a strong background in the same area of medicine as your case. They need relevant, hands-on experience that qualifies them to provide an informed opinion. Beyond knowing their industry-related knowledge, delve into their past experiences in similar cases or previous roles as expert witnesses.
Have You Testified in Court Before?
Experience in courtrooms can be a significant advantage for your case. An expert witness who has testified before courts will not only understand the legal proceedings but also know how to present complex medical information in a clear, precise manner a jury can understand.Â
How Do You Formulate Your Opinion?
Transparency regarding how they formed their opinion allows you to evaluate if their thought process and methodology are reliable. For instance, if their conclusions stem from peer-reviewed studies, widely accepted medical protocols, or substantial fieldwork, it adds credence to their expert testimony.
Can You Break Down Medical Jargon?
The jury might not have any medical knowledge, which could cause difficulties in comprehending the core issues of your case. An excellent medical expert witness should simplify complicated terminologies and concepts without losing accuracy and detail.
Are There Any Potential Conflicts of Interest?
Objective opinions hold significant value in legal disputes. A possible conflict of interest might undermine the credibility of your expert witness, so it’s imperative to address this issue early on. Ask the professional if they have any previous affiliations with the opposing party, related persons, or organizations involved in the case.
How Much Time Can You Dedicate to Our Case?
Your case might require extensive preparation, including reviewing medical records, formulating opinions, preparing deposition, and testifying in court. Be certain that your medical expert witness is ready to commit time to handle every aspect of their role diligently.
How much of your professional time is set aside for medical practice or clinical research?
It’s extremely important that experts continue to practice or research at least 50% of their professional time, as it shows the court the expert must be keeping current with their understanding of their practice.
How many of your expert reports are for defense vs plaintiff clients?
Keeping a respectful balance between the two shows the court that the expert is committed to fitness, and not the financial premiums that personal injury lawyers can pay, or the stead and consistent business of a larger insurance-based work contract.
What are Your Fees?
Expert witnesses often charge by the hour, including time spent reviewing, researching, travelling, deposing, or presenting in the courtroom. Understand their rate structure upfront to manage your legal expenses better.
By carefully vetting your medical expert witness using these seven questions, you’ll optimize your chance of engaging a reliable, experienced, and dedicated professional that can help steer your case toward a successful resolution.
Remember, your relationship with your medical witness must be built on transparency, professionalism, and mutual respect. Their role isn’t merely to advocate for your side but to provide objective evidence and explanations based on their expertise and sound judgment in their respective field.