Deposition Checklist for a Medical Witness or Expert
I. Qualifications
You must look into the expert qualifications when deciding whether or not he/she is qualified. You cannot solely rely on the expert’s CV when determining this.
First, you must look into the expert’s educational background. You need to identify professors and instructors that the expert had, the nature of the expert’s course work, texts the expert used, degrees and honors the expert received, and the expert’s class rank.
Second, look into the expert’s experience and employment history. Identify prior employers, supervisors, the nature of the expert’s duties, and how the expert’s work experiences relate to the subject of the expert’s testimony.
Next, identify the expert’s professional affiliations and recognition. Find out what organizations and societies of which the expert is a member, licenses and certifications the expert has received or attempted to received, committees upon which the expert has served, and honors and awards the expert has received.
Finally, you need to look at the expert’s writing and research he or she has conducted. Look at the expert’s published articles, comments on publications and book reviews, lectures presented, and research projects conducted in whole or in part.
II. MEDICAL OR SCIENTIFIC SUBJECT MATTER
When you are hiring an expert to testify on a medical or scientific matter, you must test the general knowledge of the expert by asking questions in the abstract about the medical or scientific subject matter related to the issues of the lawsuit. This interrogation serves two functions. It gives you insight into the depth of the expert’s knowledge, but more importantly, an expert who is evasive and non responsive in answering a question directed specifically to the circumstances of the lawsuit will often give a candid answer to a medical question when the question is posed in the abstract. Engaging in a discussion of medicine with the expert prior to inquiring about the case at hand, may result in concessions and important cross-examination material for trial.
III. INTEREST OR BIAS
Look into the expert’s business or social relationships and determine if he or she has a relationship with the employing party, counsel, or employer. Determine the number of prior contacts wit the employing party, the nature of any economic or other benefits the expert has derived from his or her association with the employing party.
Also, look at the witnesses’ relationship loyalty to the industry, occupation or profession of the employing party. You must determine what organization both the expert and employing party are affiliated, meetings that both expert and employing party have attended, and whether the witness or his firm has ever been personally involved in similar litigation to determine this.
Next, you must examine the expert’s earning related to his or her testimony. You must look into the sources of those earnings, whether there is a pattern for one side, one carrier, one law firm, or one defendant, percent of income derived from expert witness fees versus perfect of income derived from employment, and compensation the witness received or expects to receive in the current lawsuit.
IV. SEARCH FOR DOCUMENTS FOR IMPEACHMENT
The next step in hiring an expert witness is you must search for document that may be used for impeachment. Look at research papers and reports prepared by the expert on matters similar to the subject of the lawsuit, other depositions given by the expert on similar matter, correspondence, notes, time records and reports prepared by the expert during preparation and formulation of his or her opinions, and search for article the expert may deem authoritative. When examining the articles, you need to look at what texts the expert keeps in his or her library or office, whether the expert has consulted or reviewed any texts or literature in the preparation of his opinion, and whether the expert is familiar with the leading writers on the subjects of his opinion.
V. ENGAGEMENT; ASSOCIATION WITH CASE
Next, you need to determine the expert’s engagement and association with the current case. Look at when the witness was employed or consulted, who located and employed the expert, what was the stated purpose of the witnesses’ engagement and what instructions were given to the expert, what oral and documentary information was furnished to the witness, each task performed by the expert while developing his or her opinion, any work which may be performed by the expert after the deposition and the purpose of the future work.
VI. THE EXPERT’S OPINION
When you are getting the expert’s opinion, first ask the expert to state his opinion and the basis for the opinion. The opinions should be elicit opinions from the expert on specific issues in the lawsuit that are within the scope of his expertise. Then, ask the expert to assume facts most favorable to your client’s position, assuming these facts to be true, ask the expert if this would alter his or her presently held opinion.
VII. REVIEW IN DETAIL MEDICAL RECORDS AND FILM PREPARED OR MADE AVAILABLE
TO THE WITNESS
When the expert has reviewed medical records or other materials, request the expert to describe what is depicted in each photograph and stat what significant the photograph has to the formulation of his or her opinion. Also, request the expert to review his notes and interpret anything that is illegible, symbols and abbreviations in notes, and to state the significance of omitted information and entries.
VIII. ELICIT AN ENDORSEMENT OF YOUR EXPERT FROM THE OPPONENT’S EXPERT
Finally, figure out if the expert for the opposing party personally knows your expert. Ask opposing party’s expert if your expert is well-respected in their profession or discipline, and if opposing party’s expert himself respects your expert.
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