Dr. Peter Rhee - Medical Journal Author and non-practicing Physician

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Dr. Peter Rhee - Medical Journal Author and non-practicing Physician
A Look at Case Research by Expert Witnesses
Expert witnesses provide expert evidence on the technical issues of court cases to help courts or juries make determinations. They are experts in their fields who leverage their knowledge to help in the administration of justice. Medical expert witnesses are sought by attorneys in cases involving medical malpractice, personal injury, or product liability. These expert witnesses help attorneys to develop medicolegal case theories proving or disproving causation and liability. To do this, they must conduct thorough research on cases, evaluating all the relevant facts before making an objective conclusion the court can admit as evidence. It all starts at the first meeting between them and their hiring attorney. At the first meeting, the hiring attorney should explain to the medical expert the facts of the case. The medical expert should not form an opinion on whether the attorney’s client can benefit from his or her eventual conclusions. Their intention should simply be to learn what happened. Afterward, the expert witness should inquire what the attorney wants them to give an opinion on. The attorney must be qualified to give an expert opinion on the matter. If the attorney wants an opinion on something the expert witness is not qualified in, the witness can refer them to an appropriate expert. To form an objective opinion, expert witnesses must undertake thorough research, the scope of which often depends on the type of case at hand. Generally, research involves reviewing records and official reports relating to the case. These include complaints filed by plaintiffs and pleadings. Other documents brought before court are also relevant such as plaintiff medical records or medical receipts. Additional research may be necessary in different cases. For example, in a personal injury case stemming from a car accident, the expert witness may need to visit the crash site, take measurements, see photos of the damaged vehicles, read the police report, and recreate the accident using computer reconstruction models. In product defect cases, the expert witness may test the defective products and perform independent medical examinations. They may even have to do laboratory tests. It is critical that expert witnesses clarify the scope of work required to the hiring attorney, describing the materials, assistance, and time they will need to do their research. Once they have done the research, expert witnesses can draw an objective, fact-based conclusion that they will present as testimony in court. They can also present this as a report which is admissible as evidence in court. Attorneys may advise expert witnesses not to draft such a report before conferring with them. Besides the report, the court can also require attorneys to furnish the opposing side with the expert witness’ informal notes. Therefore, expert witnesses should practice caution with regard to documentation during research. Notably, whatever conclusion an expert witness makes should be based on an objective analysis of relevant facts using scientific methodologies. Courts do evaluate whether expert witnesses make conclusions based on generally accepted methodologies within their relevant scientific communities. For example, if an expert draws a conclusion based on lab tests, then these tests should have been done in accordance with industry standards. An expert witness should also always consult with their hiring attorney on how the courts in their jurisdiction will evaluate the admissibility of their research methodology.