Expert witnesses can make and break cases. They’re essential in medical malpractice, birth injury, and similar cases, and they play vital roles in catastrophic injury and disability litigation.
As any experienced litigator knows, however, not all experts are created equal. With potentially millions of dollars and years of effort on the line, attorneys need to work with highly effective experts who can persuade judges and juries. Here’s what you need to know.
Effective experts go beyond the minimum qualifications
At minimum, any expert witness must meet the baseline qualifications set by the rules of evidence. Those qualifications vary by state, but in general, experts must:
- Have the knowledge, skill, training, or education needed to be an expert in their field. For medical experts, this means a medical degree, residency and/or fellowship training as appropriate for their specialty, and Board Certification in that specialty, as well as real-world practice experience.
- Have an opinion based on sufficient facts or data. That means experts must review medical records, files, imaging, and other appropriate information.
- Form a rational opinion based on reliable principles and methods that are applied reliably to the facts of the case.
Again, that’s the bare minimum, hardly the standard for highly compelling testimony. The best expert witnesses have the characteristics needed to actually persuade a jury, including but not limited to:
- Communication skills: Good experts need to be well-spoken, confident, and comfortable speaking to a lay audience. They must simultaneously convince the jury that they understand complex medical concepts and summarize those same concepts for the jury’s benefits.
- Thorough attention to detail: An expert who misses a key detail is an expert who will be tripped up by a savvy attorney in a deposition or at trial. Good expert witnesses put in the time and effort to become fully familiar with the evidence.
- Objectivity: Too many medical expert witnesses will only ever testify on behalf of defendants, which can hurt their credibility at trial. The best expert witnesses are willing to testify on behalf of either side, depending on where the facts lead them.
- Real-world experience: Juries want to hear from medical professionals who are actively engaged in the practice of medicine and have accomplished careers in their field. Doctors with compelling credentials have a credibility advantage.
- Ability to think on their feet: Like effective trial attorneys, effective expert witnesses know how to think quickly when put on the spot. You can always expect opposing counsel to try to trip up your experts with confusing hypothetical questions or unexpected lines of inquiry. Experts who can think on their feet will maintain their credibility during cross-examination.
Find the right medical expert witness for your case
For over 38 years, Rieback Medical-Legal Consultants has been providing the best in medicine to assist the legal community. Our network includes experienced, highly credentialed, proven medical expert witnesses across all medical specialties who are prepared for both case reviews and deposition and trial testimony.
If you have a potential or current case that needs a medical expert, we’d be happy to talk about how we may be able to help. Give us a call or contact us online today to find your expert.