Some Witnesses Carry More Authority Than Others

by Kevin Smith Author

If you and your attorney have decided that your case is best served by having a medical expert witness back it up, the next step is finding the right expert. An expert witness specializes in the field in question, but they also possess certain qualities that set them apart from their peers.

Legitimate Certification from a Recognized Board

Board certification signifies experience and knowledge as well, in most cases, academic accomplishment and practical excellence. It is clear evidence that the witness’ peers view him or her as an expert in their field. Further, it serves as a counter or refutation to the opposing party’s own expert testimony.

Practical Experience

Academic excellence is very important, but just as important and with some people, more important, is practical, hands-on experience. An academic that specializes in Constitutional law but has never practiced, for instance, will not hold as much authority as an academic that specializes in Constitutional law and has argued in front of the State Supreme Court. An academic witness who specializes in Constitutional law, has argued in front of the Supreme Court and won, will carry even more weight.

Is Currently Practicing

Just like an experienced expert witness will carry more weight than someone with just academic experience, someone with current practical experience commands more authority than someone who has not performed in their field for years. To understand this, ask yourself if would you rather have your car fixed by someone who retired 15 years ago or who is currently working as a mechanic? An expert witness is no different. Experience in a particular field is always more credible if it is recent experience.

Professional and Academic Appointments

It is human nature to tend to trust someone who has been chosen by a person in leadership to serve in a leadership capacity. If you are nominated to serve on a board in your field, for example, it is proof you are held in high regard. If you are chosen to serve in a position in a company, it is proof that decision-makers trust your expertise and judgment. All that builds credibility with a jury.

Conflict Free

A true expert witness will not possess any conflicts of interest or the appearance of conflicts of interest. If, for instance, an expert testifies about the failings of a certain treatment, but specializes in a competing treatment, it looks like a conflict. Expert testimony is best if it appears the witness is there out of the goodness of their heart and concern for the common good.

Lining up a medical expert witness is fairly easy. Lining up one that can build credibility and trust with a jury is another story. By following these guidelines in the selection process, though, your attorney can ensure you get the best expert testimony for your case possible.