So, what does it take to be an “expert?”

“An expert is a person who, by virtue of education and/or experience, is qualified to assist a judge and jury in matters requiring special knowledge or learned expertise.” Murphey, The Expert Witness, 43 AORN 1 (1986).

Since it is virtually impossible for lay jurors to assess the professional standard of care and to determine if it has been violated, the “proof of negligence” is secured through expert witness testimony.

Expert witnesses are required by both the Plaintiff and the Defense, and offer their testimony in pre-trial reports, depositions, and in court. Although an expert is retained exclusively by either the Plaintiff or the Defense, a credible expert offers unbiased, professional opinions and owes no loyalty to either side. His or her only purpose is to clarify the medical facts of the case and to assess impartially the quality of the medical care provided to the patient. An expert’s loyalty is to the court, and he or she is obligated to render honest and unbiased opinions. An expert is neither the accuser nor are they responsible for the events that have transpired. They alone will not determine the destiny of either party, but a competent and compelling expert will educate and inform in the hope that justice will prevail.

There are many laws that govern expert witness testimony, though a general guideline is that a medical expert should be board certified in their specialty and hold an active medical license in good standing. Most states require an expert to be currently practicing in the specialty relevant to their testimony, and to devote the vast majority of their time to the practice of that specialty rather than to expert witness services. An expert must be experienced in the specific medical area that he or she will be evaluating, though the expert need not have had prior legal experience. In general, a medical expert must be a competent, experienced, board certified physician who is capable of rendering honest and factual opinions on the matter in question.

EMLA, Inc. only retains exceptionally qualified physicians. Although emergency medicine is our primary focus, we welcome the CV’s of specialists from all medical fields. If you meet our criteria and have an interest in potentially serving as a medical expert witness with EMLA, Inc., please contact us directly for more information.