What Attorneys Should Know About Medical Expert Witness Disqualification

All of the work involved in selecting the right medical expert witness and preparing him or her for report drafting and court appearances can go to waste if opposing counsel attempts to disqualify the expert.

In most cases, one should expect the opposing side to call the expert’s credibility into question, but in other situations, it may involve an attempted disqualification of the expert witness entirely.

There are several steps that attorneys can take to minimize the chance of a medical expert witness being disqualified.

Select the right expert to avoid disqualification

A common mistake is hiring an individual who appears to have the right credentials on paper but is pushed outside their area of expertise in court. Your medical expert witness should be fully vetted for his or her experience in the specific area related to your case. It is better to partner with someone who has extensive experience in one sub-field, such as a specific diagnosis or treatment type, rather than trying to find an expert who may speak to many different aspects of a particular case.

If opposing counsel focuses on your expert’s responses outside the scope of their expertise, even the relevant testimony may be overshadowed, and your witness will be discredited. Working with a specialist rather than a generalist will protect the integrity and perception of the testimony provided.
Elite Medical Experts works diligently to secure the right expert witness for your case, ensuring a top-tier expert with extensive experience in the specialty under consideration.

Focus on Preparation

Although selecting the right expert witness is a key component of presenting the case at trial, so, too, is the preparation. Simulate the trial with the expert in advance–do not rely on an expert’s past testimony experience alone. Make sure the expert understands the unique facets of your case.

When working with Elite, you will be assigned a physician or nurse case manager who has coordinated hundreds of cases, and who will consult with you throughout the entire process, ensuring that your expert will be fully prepared every step of the way.

If you are preparing for an upcoming case that may benefit from a fully-vetted medical expert witness, reach out to us today and we will work with you to find the right match.