Practice Development for Expert Witnesses
Beryl Vaughan, Consultant
Can I be an expert witness if I mostly treat patients?
Yes!
You are considered a more valuable expert witness when you have a clinical practice.
Attorneys prefer an expert witness who can testify about medical or psychology practice because it is their day-to-day practice treating clients/patients. This is especially important in medical malpractice and negligence cases.
Counterpoint
Can I be an Expert Witness if I never treat patients?
Yes, but it leaves you vulnerable to the “Hired Gun” misnomer.
This is the most negative characterization for an expert witness.
In this scenario, 100% of your income is reliant on your forensic practice.
A smart opposing counsel will characterize you as “desperate for work” and therefore likely to spew out opinions that attorneys like, so they will come back for more. A jury might dismiss everything you say if they buy that narrative.
The damage is done, whether it’s true or not.
Always do some clinical work.
If you aren’t seeing patients on a regular basis in a hospital, clinic, or private practice, then consider volunteering your medical services to programs affiliated with local hospitals or public clinics that serve low-income, uninsured and/or under-served patients.
Or, join charitable organizations. If you can travel, Doctors Without Borders always needs specialists.
Closer to home, hospices and programs for the elderly may have programs and need for a free treater who is available from time to time but not full-time.
Do Both
If your practice is primarily clinical, but you want a little forensic work, carve out time you can consistently devote to forensic evaluations.
Many doctors do forensic work on Fridays, enabling them to continue working uninterrupted into the weekend if the case demands it.
