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EXPERT WITNESS TESTIMONY

EXPERT WITNESS TESTIMONY. KIM CURRY, PhD, ARNP Assistant Professor University of Tampa. MEDICAL MALPRACTICE. A type of tort law (wrongful act) Four elements must be proved for medical malpractice: duty, breach of duty, proximate cause, & damages

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EXPERT WITNESS TESTIMONY

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  1. EXPERT WITNESS TESTIMONY KIM CURRY, PhD, ARNP Assistant Professor University of Tampa

  2. MEDICAL MALPRACTICE • A type of tort law (wrongful act) • Four elements must be proved for medical malpractice: duty, breach of duty, proximate cause, & damages • Experts are used to interpret medical standards of care to the jury • It is very difficult for most jurors to evaluate clinical evidence

  3. PROCESS STEPS • INITIAL CONTACT • INITIAL REVIEW • AFFIDAVIT • CASE PREPARATION • DEPOSITION • TRIAL PREPARATION • TRIAL • RESULTS AND FEEDBACK

  4. INITIAL CONTACT • The plaintiff or defendant attorney contacts an appropriate expert and discusses the case

  5. INITIAL CASE REVIEW • File is sent to expert witness • Witness evaluates file to ensure it is appropriate for scope of practice • Witness reviews medical record for initial opinion: is plaintiff/defense attorney view consistent with expert opinion? • If not, case is declined. • It is the expert’s time that is purchased

  6. AFFIDAVIT • After initial review and agreement, attorney drafts an affidavit stating the position on the case • Expert reviews, revises, signs, and has notarized • This affidavit is presented to the opposing side • Arguments are drawn up

  7. CASE PREPARATION • Extensive review of medical record • Additional evidence gathered • Expert provides medical references

  8. This is the worst part! The deposition drives the trial Many depos are face to face, some video Transcripts shared with both sides Only hear your own testimony Includes: Multiple attorneys Adversarial approach Court reporter Debriefing with collaborating attorney DEPOSITION

  9. PREPARATION FOR TRIAL • After all depositions are complete • All depos are shared with all attorneys • All depos are shared with all experts • Experts must critique all other expert testimony and assist collaborating attorney with weaknesses and strengths

  10. TRIAL TESTIMONY • Only hear own testimony • Attorneys try to rephrase from deposition • Added drama for jury • Plaintiffs on view for jury

  11. RESULTS AND FEEDBACK • Generally attorneys contact experts after trial to share results • May discuss appeals • Expert should ask for feedback on all face to face testimony for own development

  12. MARKETING SERVICES • Largely word of mouth • Credentials must match the case • Formal courses are available • Pricing for market • Often starts with risk managers

  13. THANK YOU • QUESTIONS?

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