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Nowadays, more and more physicians are turning to secondary jobs to supplement their clinical work. And it isn’t hard to see why.
Some want the extra financial security a side hustle brings while others just want to serve the community in as many ways as possible. Or maybe they just want to expand their horizons and see how many areas they can apply their medical knowledge in
One career option that has started becoming popular amongst specialists and generalists alike is the role of the expert physician witness.
An expert witness is hired for a particular function, which is to give an educated opinion regarding a lawsuit or litigation. And they can be fundamental in turning the tides in the courtroom.
So today, let’s discuss how the expert witness role plays out in real-time, including what responsibilities you’d have to deal with when employed as one and how that can impact the results of a case.
- The role that expert witnesses play in litigation
- How far expert witness testimony can go
- Can an expert witness change the verdict?
Read More:
- How to Be an Effective and Ethical Expert Witness
- What are Medical Expert Witnesses Paid?
- A Guide to Medical Malpractice
Expert Witnesses and Their Role In Medical Jurisprudence
Medical Jurisprudence is a bit like the ‘Wild West’ of medical fields. And that’s thanks to the results it yields when broader medical knowledge crosses over into law administration.
Expert witnesses are an important part of medicolegal proceedings, as they are professionals specifically sought out for their seniority and knowledge. An expert witness can take the stand and detail to the judge and jury the facts of the case and their word would be seen as law.
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Back in the day, physician experts used to have a fair amount of immunity when it came to testifying. But now they can also face disciplinary action for any wrongful statements made. It’s why most expert physicians are vetted rigorously by the lawyers looking to appoint them, lest they want their case thrown out the window.
As an expert witness specializing in the medical field, you will mostly be employed for cases revolving around medical malpractice, insurance claims, and even medical product defects.
After that, it’s a matter of reviewing the facts, prepping for testimony, and presenting it in court.
You have to give your perspective from a medical point of view to help the jury understand things better. And because of their experience and qualifications, expert physician witnesses are vital to the medical jurisprudence landscape.
What Duties Can Be Expected?
While we’ve discussed this before, an expert witness is usually brought into a lawsuit to give their expert opinion to a judge and jury. Their role is to bridge the gap between the judge, the jury, and the evidence provided to them.
The main responsibilities of an expert witness are as follows: They have to go through the subject matter thoroughly and present the details in a way that even laymen can understand. All the while being as impartial as possible.
Being honest and non-biased are some of the most important qualities needed to become a successful expert witness. But none of that matters if the jury can’t even understand the terminology used. After all, the expert witness is akin to a translator for the jury and the judge, helping them make sense of often complicated medical situations.
Communication is one of the most important qualities lawyers look for when trying to find expert witnesses because how they deliver their testimony can put them in the jury’s favor. So, an expert witness must simplify their language, ensuring the jury can understand the testimony. Some even use visual cues to help explain their findings.
This is why an expert witness is employed in the first place, to unravel complexities that everyone else in the room does not have the expertise to do, while still being as non-partisan as possible.
Ultimately, they must give an independent but knowledgeable opinion on a case related to their area of expertise while following the instructions.
Can An Expert Witness Impact The End Result?
Here’s the thing: an expert witness can absolutely make or break a case.
An expert witness isn’t supposed to convince the jury to make a certain decision that would benefit those who brought him in. However, they do influence their decision-making with how they present their testimony.
Sometimes in cases like malpractice, court proceedings continue until it’s down to the wire and something has to give. This is where the testimony from an expert witness can change everything because their evidence is presented in such a way that it immediately clicks for the jury, leading to a faster verdict.
It’s why most attorneys advocate bringing in an expert witness early on, so they aren’t blindsided by the opposition, which likely has its own expert witness to help corroborate their claims. It also helps because the expert witness can find the relevant information faster, meaning fewer courtroom visits.
One of the main reasons having an expert witness on a legal team can help is that an expert witness can figure out weaknesses in a case earlier, helping the client be more prepared when they take the stand. In turn, the attorneys can make improvements to their proceedings as needed.
Of course, how much an expert witness can say is monitored. There are usually rules about how an expert witness will give their testimony, which is to be as neutral and honest as possible.
But it is that exact quality that makes an expert witness vital to a case’s outcome. The jury is more prone to trust someone with accreditation in their respective field of specialization, such as an expert physician witness. This helps them come to a decision faster rather than prolonging the verdict
An expert witness doesn’t just help the jury understand the evidence in front of them. They can be the missing piece to winning a case entirely. Given how important the role of an expert witness is, it’s necessary to build credibility for your own sake and for the stakeholders.
Final Thoughts
There are many roles an expert witness can play during a trial. But first and foremost, they are advisors who present their technical analysis of the evidence provided to a courtroom. And it is their scope of knowledge and how they deliver said knowledge that can influence the jury while making their decision.
Expert witnesses have become vital to the medicolegal frontier, with the power to change a case’s outcome singlehandedly.
