Criteria to Ensure Your Expert Witness Helps Your Case

Author: Kevin Smith

Medical expert witnesses can make or break a case. Choose the right expert witness and you can have an authority that can substantiate every aspect of your case, sway a jury or force the other side to the negotiation table. Choose poorly, however, and your entire case can come apart at the seams. It is pretty easy to determine what makes a good expert witness, but the reality is it is more important to figure out which medical expert witness will not live up to expectations. As you review medical expert services, here are some warning signs.

Expert Witness is Their Job

Most superior expert witnesses have spent the majority of their career practicing in their respective field. They are only expert witnesses when their expertise matches a case or when their knowledge can shed light on the specifics of a case. Beware of the professional medical expert witness; not only can they become overexposed, it is rare that someone who spends most of their time testifying is truly up to speed in medical or technological advances. The former can sour a jury against you. The latter can lead to your expert looking woefully ignorant

Availability

An expert witness has a responsibility to provide truthful testimony in trial and to help bolster a case, but that is not their only role. They are also there to provide advice and counsel to you as you work with your lawyer to build a credible case. If your lawyer is bringing in an expert witness at the last minute or if they are never available, you should discuss alternatives.

Presentation

In Hollywood, the best expert witness is disheveled, quirky, eccentric and of course, witty. In reality, the most credible expert witness not only is articulate and knowledgeable, they also look like the consummate professional. If your expert witness looks like they just walked off a Hollywood movie set or if they are just generally not presentable, seek alternatives.

Experience

Providing testimony in court is a fundamental requirement for any qualified expert witness. If your expert witness has never testified in court or has had no experience under cross-examination, you may still want to keep them on for advice but you should look for an expert witness that has actually testified for the heavy lifting in court.

The exception to this rule is when your expert witness has been hired to discuss a very complex issue or topic. In those cases, their ability to clearly and concisely describe something trumps all other considerations.

Sometimes selecting credible medical expert witness services is more about who you do not select then it is about who you do. Making sure your expert witnesses measure up to your expectations and can perform well in court is paramount. Stick to these rules and your witness will meet that criterion.