Medicine has traversed beyond the confines of a hospital. The opportunities available for physicians regarding side gigs and alternate career options are more diverse than ever before.
We’ve even entered the courthouse, thanks to the emerging job prospects of becoming an expert medical witness.
And we’ve talked about it before. The process of becoming a medical expert witness is a straightforward one. But what about finding an expert witness yourself?
The situation can arise from anywhere. A physician might be on the hunt for a credible expert witness for a multitude of reasons, including adjudicating malpractice cases, third-party peer assessment, independent medical examiners (IME), and more. It’s why expert witnesses have become such an asset to the judicial process.
But it’s still a relatively low-key side job for many. So, how do you go about finding an expert witness? There are a few simple ways to narrow it down. We’ll discuss:
- What to look for in an expert witness
- Where an expert witness can come in handy
- The methods to approach an expert witness for a case
How To Choose The Perfect Expert Witness For Your Case
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We’ve discussed before the many different cases that could require an expert witness. But because each case is different, it’s important to meet the criteria when looking for one.
Determine the field of medical expertise
The first thing you’d need to do is figure out what sort of physician you need for the specific case you’re dealing with. Expert witnesses are brought on so they can offer their educated opinion on the details, which means they have to be well-versed in their field.
For example, if a legal case is about a malpractice issue regarding an ENT issue, you’d consult with an Otolaryngologist. Similarly, if it’s a criminal case involving poisoning, you’d go for a toxicologist.
Get references and recommendations
Once you’ve determined the kind of expert witness you need, you will then have to search for your potential expert witness candidate.
One of the simplest ways to get recommendations is to look amongst a medical network like Physician on Fire’s community or your own network.
Ask your colleagues around, network, and see if they know anybody that they could recommend or refer you to. There are also legal organizations that work with expert witnesses on a case-by-case situation and can provide you with options.
Research and interview
Once you’ve got a list of potential expert witnesses, narrow it down. Research the doctors beforehand, get their credentials in order, and make sure they are of the right expertise and whether they have testified in similar cases before.
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Register NowAfterward, you can call them up for a meeting face-to-face. This interview will help you understand their capabilities better. Things you’re looking for are clear-cut communication, their ability to convey medical knowledge, and how articulate they are.
The interview is also useful for getting your requirements explained to the potential expert witness, regarding the unbiased nature expected of them, scheduling, etc.
Finding An Expert Witness
Now that we’ve laid down the law for what makes for a suitable expert witness, it’s a matter of finding them.
Professional recommendations
One of the first ways a lawyer might get in touch with an expert witness is through networking. Plenty of attorneys discuss cases with each other and they would usually recommend a person that would be well-suited to the case you’re looking for, with the guarantee that they’ve proven their expertise in front of them.
Universities
There are few people more credible than professors, which is why a lot of people tend to gravitate to universities when looking for expert witnesses. They also have the benefit of being great public speakers, which is an asset when addressing a jury.
Jury verdict reviews
Often when lawsuits are filed, the proceedings are discussed in legal publications. From there, you can find a list of people involved, including the expert witness. If a jury verdict report shows any similarities to your case, the expert witness listed is a good bet.
Certification referral lists
One of the easiest ways to get an entire database of potential expert witnesses is to just go through the agency that gives them the certification. Over here, that’s the American Board Of Independent Medical Examiners, which has several physicians available who have passed the tests to become board-certified.
Published writers
Yes, really. There are plenty of doctors out there who publish articles and peer-reviewed papers on the specific subject centering around your case. And in that situation, those writers are considered experts with credibility because, well, they wrote a book about it. And they are easy to get in touch with, thanks to official websites for their work that usually feature their contact information.
Internet directories
Listen, more often than not, there are directories on the internet that you can parse through and find an expert witness who works for your case. Some common platforms for this are WitnessDirectory and SEAK Expert Witness Directory. There are even free ones, like JurisPro. Each of these is fast and efficient, with certified expert witnesses for you to choose from.
Expert witness referral services
This is one of the least preferred methods of finding an expert witness, and it’s not hard to see why. The thing about these referral services is that you can’t get a trusted source on whether the potential expert witness is suitable for your case. And an association with an agency can be used in the courtroom as a point of contention to sway the jury. It is convenient, yes, but risky too.
Final Thoughts
There are a surprising number of places where one can go to find a potential expert witness. And yet, some of the best ones are recommended through word of mouth.
But it is important to choose your sources properly because an expert witness can make or break your case!
Upcoming Webinars
Real Estate Investing for Physicians: Navigating Challenges and Opportunities in Today’s Market
Hosted by DLP Capital
Explore the demand for rental housing in today's unaffordable housing market and how DLP Capital navigates economic challenges. Join Jorge Sanchez, M.D., Nirav Shah, M.D., and Nick Stonestreet for insights on multifamily investments and DLP's approach to consistent returns.
When: September 6 | 2 pm EDT | 11 am PT
Register Now