Medical Expert Witness: A guide to find the perfect medical expert

Katie Clark, MSN, MBA, RN | Hanna Campbell & Powell, LLP

Katie Clark has been a registered nurse since 2003 and her background includes nursing management, various intensive care specialties, nursing educator, and nursing preceptor. She’s been a Legal Nurse Consultant since 2013 and has performed LNC duties for multiple medical defense firms, CLE production, case vetting services, and expert witness duties. Her experience has helped her utilize her medical background and knowledge to successfully manage numerous projects and systems within the medicolegal world.

She regularly supports independent attorneys as well as large, nationally operating, multi-level legal practices.

I. What is a medical expert and why do we need one? | 11:00am – 11:20am

1. Purpose of a medical expert, role in cases and trial
2. Different state requirements regarding experts: Daubert standard, Frye standard, geographical requirement, chronological requirements

II. What kind of expert do you need? | 11:20am – 11:40am

1. Reading your complaint
2. SOC, causation & damages experts
3. General cardiology, interventional cardiology, preventative cardiology…what is the difference and who do I need?

III. How to find your expert | 11:40am – 12:00pm

1. Search engines: advantages and limitations
2. Universities and educational programs: who and what to look for
3. Textbooks and publications: What to look for and where to find it
4. Attorney referrals: Who to ask and when
5. Case reports: where to find them and what to look for
6. Witness directories: Beware of the expert that everyone knows!

Break | 12:00pm – 12:10pm

IV. Evaluating your intended expert | 12:10pm – 12:30pm

1. Reviewing credentials and professional information
   a. CV’s. licensing, accreditation, certifications, professional organizations
2. History of discipline & medical malpractice claims/cases
3. History of performing as medical expert
   a. Plaintiff vs defense
   b. How often and how much?
   c. Past testimonies

V. Retention of your expert | 12:30pm – 12:50pm

1. Finding contact information
2. Cold calls – who to talk to and what to ask
3. Cold emails – where to send and what to include
4. What to do when they answer?

VI. Before reaching out | 12:50pm – 1:10pm

1. Case review
   a. Affidavit of Merit (what, who and why?)
   b. Named parties
   c. Client background
2. Attorney preference