ABSTRACT

In the past, doctors, nurses, and therapists could go through their entire careers without having to testify in a courtroom. Today, however, it is common place for health professionals to be summoned as witnesses in some form of legal proceedings, whether these arise from traffic accidents, work injuries, child custody battles, abuse cases, and/or alleged medical malpractice. Most doctors will be called upon from time to time to testify on behalf of their patients. Some doctors will be used as expert witnesses to testify on standard of care or damages in personal injury or malpractice suits, or they may serve as advisors to help prepare the plaintiff’s or defendant’s attorneys. Expert testimony must be founded on expert knowledge which has been obtained through education, training, and experience. As such, the opinions expressed by medical experts are properly supported by facts. The law recognizes an element of uncertainty in every medical opinion.