The Pros and Cons of Being an Expert Witness

Author Jorge Sanchez, MD

August 28, 2024

Becoming an expert witness has risen in the list of alternate jobs for physicians in the US.

Why? Many ongoing court cases require medical professionals to contribute their knowledge, from malpractice issues to big corporate lawsuits. It’s a very in-demand gig with a nice monetary incentive attached.

And we’ve discussed it all. How to become one, what qualities you need, and where to start applying to get hired, or hire one yourself. However, understanding whether this job is for you is a whole different ball game.

Like any career prospect, becoming an expert witness has its ups and downs.

No field is going to have everything perfectly right, from being easy to get into to having a relaxed work environment to paying the best salary possible. As promising as being an expert witness is, there is always the other side to consider.

So today, let’s crack into expert witnessing and what it can give you; the good, the bad, and the in-between. We’ll discuss:

The pros and cons of working as an expert witness
What does it mean to work as an expert witness long term?
Should you become an expert witness?

How Does Being An Expert Witness Benefit You?

Becoming an expert witness can prove to have many perks. That’s why so many physicians are looking into it as a promising second job with opportunities across the country, especially in the current hayday filled with malpractice litigations and insurance liabilities.

But it usually boils down to the following.

Earning The Big Bucks

For a side hustle, being an expert witness can be extremely lucrative. An expert witness can earn anywhere from $500 to $1000 per hour on average, depending on their field of specialization and experience.

Considering that an expert witness is generally expected to put in at least 10 hours of work per case, that is a nice chunk of change.

Of course, those hours account for the time you spent researching the data, prepping for the case testimony or depositions, report writing, and then potential court hours, so you do have to be very involved. But still, expert witnessing pays better than other side gigs out there.

Learning From Others Mistakes

Let me tell you: Nothing scares you faster as a physician than seeing other physicians’ avoidable mistakes cost them money in the form of huge fines and sometimes even their careers.

The number of times simple things like record errors have led to huge medical liability lawsuits is astounding. This forces you to take a second look at how you conduct your own practice, taking care when it comes to things like medical charting errors or even misdiagnosis, which account for 32% of all medical malpractice claims.

Working as an expert witness helps you improve your physician skills, as you’re less likely to repeat the mistakes you see happen regularly.

Possible Job Prospects, Even Post-Retirement

One of the best parts of expert witnessing is that it doesn’t have to end when your active physician career does.

Becoming an expert physician is a popular career choice for physicians after retirement. Their decades of experience in their respective fields give them an edge over other, more novice expert witness candidates.

And it tends to be less physically taxing too, allowing those with limited options to continue earning from the comfort of their homes, with very rare court visits. This is an especially lucrative option for those who are prefer recreational employment.

Improving The Medical Ethics Landscape

It sounds like hyperbole, but many physicians choose to work as expert witnesses not just because it pays well but also because it allows them to make a difference.

Medicine, like any other field, has slowly become a business. And in businesses, corners can get cut, especially when it comes to ethics.

There are plenty of instances where companies have endangered patients by giving them subpar medications or faulty products, as there are doctors who are not practicing within safety guidelines.

And it is your job as an expert witness to protect public health.

You can help elevate medical ethics as a whole by testifying against those who produce harmful goods for consumer use or by speaking on behalf of those wrongfully accused of doing so.

What Drawbacks You Can Expect

So far, expert witness work sounds like a pretty nice gig. So, what would hold you back from pursuing it further?

Intense Pressure

It isn’t easy work to be calm when testifying in a case. The thing about being an expert witness is that you’re going to be under constant pressure, both from the lawyers who hired you and the opposition as well.

While you are supposed to be impartial, it’s hard to do so when the people in charge of the case try to subtly twist your opinions to suit their narratives. And then there is the opposition, who will try to cross-examine your claims at every given moment, which can turn ugly when attorneys are desperate to confuse and undermine your word.

While you’re dealing with all that stress, you also have to offer a testimony that is both articulate and informative to the jury so that your expertise isn’t questioned in court. There’s a lot to juggle, and it can get exhausting to deal with all the expectations.

You must be impartial and remember there is no picking sides as an expert witness. The facts are your only concern; some people can fumble and find the pressure hard to deal with.

Isolation From Peers

If you’re going to work as an expert witness a lot, there will be times when you are asked to speak on a case that might incriminate someone you know in the medical community.

And that can get uncomfortable real fast. Potentially having to judge your peers is a huge risk when it comes to doing expert witness work more frequently. It can even lead to pushback from the medical community, making doctors less likely to associate with you. That isolation can be very overwhelming, leading you to lose favor in the fraternity.

But it does help to remember that you are not betraying the medical community, rather contributing to it.

Working In The Gray Zone

Holding on to your beliefs is a tricky thing when you’re working as an expert witness because of how you have to function on a tightrope.

Being unbiased can be a double-edged sword. Even if you know something to be morally in the wrong, you can’t outright say so because being emotional and opinionated can lower your credibility as an impartial expert witness.

And things aren’t always as black and white as you’d think them to be, making it that much harder to stay firm in your beliefs. There’s manipulation and trickery from every corner, and you have to wade through it all to present the facts.

Neutrality is your biggest asset, but maintaining it can be complicated when faced with complex situations.

Conclusion

Like most fields out there, being an expert witness isn’t perfect. While it is a great side hustle with many pros, it also has its fair share of cons. Some people find working as an expert witness very rewarding, a civic responsibility akin to jury duty. And some do it because it’s very profitable.

There is no right or wrong answer here. It is up to you to decide whether those conditions work for.