Top Challenges When Choosing a Medical Expert Witness

On the surface, finding a medical expert witness for a malpractice suit might appear like it would be an easy task. But the actual process of finding, securing and properly utilizing a medical expert witness can be deceptively complicated without the right help. Let’s take a look at some of the challenges attorneys face when trying to select an expert witness on their own.  

Difficulties determining the right specialty, experience and credentials
A common misconception is that a medical expert witness only needs to be qualified to perform the same procedures or treat the same medical problems as the defendant. For example, orthopedists and neurosurgeons can often perform the same procedures. But the standards of care differ from specialty to specialty, meaning that even though both providers in the example can perform many of the same surgeries, an orthopedist is not qualified to critique a neurosurgeon and vice versa. In other words, your chosen expert witness needs to not just perform the same procedures but also performs them in the same manner as the defendant.  

After determining the right specialist, additional qualifiers must be considered such as: When was the last time this provider treated this condition or performed this procedure? How long has the provider been practicing? Or, if they no longer practice, how long has it been since they treated a patient? Finally, other credentials such as academics and research projects should be considered; however, these criteria can be hard to navigate and understand without an extensive medical background.  

Contending with geographic restraints
Ideally, an expert witness should be from the same or similar geographic area to that of the defendant. But it can be difficult to find someone who is willing to testify, especially in small towns or states. In these areas in particular, it’s highly likely that the provider will be colleagues or even friends with the defendant, can make them reluctant or unwilling to testify. Adding to the difficulty, some states require expert witnesses to practice within the same state as the lawsuit and some universities prohibit their providers from testifying, further limiting the potential pool of experts to choose from.  

Confirming availability and setting workload expectations
Like attorneys, medical expert witnesses charge for their services by the hour. If the attorney and provider aren’t on the same page about the time required to review files, the attorney can end up with a much larger bill than they expected. This is particularly challenging when working with providers who aren’t experienced in legal proceedings as they may underestimate the time required to review the case files. Finally, there is the question of availability. If the case goes to trial, will the provider be available to testify? A provider’s schedule can be very busy and hectic. Attorneys need to know that their expert will be there when it matters most.  

With so many factors to consider, it can be extremely difficult to find an expert witness without the right partner. At AMFS, we search our extensive medical expert witness network for candidates who meet your unique case requirements and, in most cases, provide CVs of the recommended experts within 2-3 days. Unlike other medical expert witness services, AMFS provides candidate CV reviews and a case consultation free of cost. With AMFS as your partner, you’re only billed when you retain a medical expert witness. Finally, to ensure you receive the most competitive pricing, we pre-negotiate your expert’s rate and require time estimates for each assigned task. A case manager streamlines billing throughout the life of your case, reviewing all time estimates and adjusting them on your behalf in the rare case that an estimate is inappropriate to avoid any surprise billing. 

Finding the right expert witness is hard. But it doesn’t have to be. Click here to partner with AMFS today.