ABSTRACT

All psychiatrists have expertise in the eld of psychiatry, but the mere act of testifying does not mean the psychiatrist is an expert witness. ere are two types of witnesses: fact (percipient) and expert. Fact witnesses state their direct observations. For example, a psychiatrist who saw a patient for psychological symptoms aer an automobile accident might be asked to testify about the presenting complaints, number of visits, and any medications prescribed. A psychiatrist is not ordinarily asked to give opinions when serving as a fact witness. In a small minority of jurisdictions, however, the court may ask a treating psychiatrist to state an opinion. e psychiatrist should then be qualied as an expert witness and may seek an expert witness fee from the party who sought the opinion (Hirsch 1975). e opinions of treating psychiatrists may be given high credibility by the court because they are not the views of hired witnesses.