Expert or Impostor—Understanding the Role of the Expert Witness

Abstract

Medical staff are often required to undertake the difficult journey starting with the subpoena and ending with the testimony in the courtroom as an expert. The information they provide to the judges and the juries is expected to be factual, comprehensive, unbiased, and up to date. To give effective expert testimony, medical staff must recognize the basic differences in the culture between the legal and medical world. They need to understand and follow the basic rules for preparing and providing the evidence in the courtroom, and be aware of the fact that such an undertaking may have significant personal, professional and financial implications for the parties involved. In order to prepare a professional report the medical experts need to develop report writing skills to compliment their clinical knowledge and expertise. Considering that the front line staff in any health care providing organisation is not formally trained to handle the responsibility of testifying as an expert, the journey from the subpoena to the testimony in the courtroom can be very stressful. This chapter provides an overview of the role of the expert in legal matters and the substantial responsibilities that are undertaken in preparing a legal report and giving expert evidence in the court.

A good medical expert must serve but one client, and that client should be truth

—Erle Stanley Gardner