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Tips for Dealing with Lawyers

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As an expert witness, you not only have to deal

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with the truth and with the images

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and with the medical record, you have to deal

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with the lawyers.

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And sometimes lawyers are going to try

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to put you their opinion into your mouth.

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If that happens repeatedly

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and is uncomfortable for you, I recommend

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that you not work with that legal team.

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Uh, obviously they have an objective there.

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They're looking out for their client, which is their main

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ethical obligation.

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But if they are suggesting

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that you not tell your full opinion,

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and, uh, by that, by full opinion, I mean whether

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or not there's a meaning of the standard of care, whether

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or not the dis the deviation in the standard

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of care caused the damages, um,

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then you should probably back off.

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Um, do not agree to say

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or not say something that you think is relevant to the case.

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So if it's true that the Ian had a brain tumor,

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but it's your opinion that that brain tumor has grown

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so slowly that the delay in detecting that brain tumor

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had no relevance to the patient's prognosis, you should give

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that opinion to the, to the legal team.

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And if they say, well, we really don't want you to say

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that at trial, I feel uncomfortable with that.

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I said, because, you know, the opposing lawyer

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is going to ask me that.

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How, how rapidly does a meningioma grow?

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And is the fact that it was discovered six months later

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relevant to the patient's prognosis?

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I have to say, you know, no, it's not

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because meningiomas grow very slowly.

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Remember that you're the radiology expert.

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Only if they're asking you

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to give opinions about neurosurgery care or nursing care

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or emergency department care, uh, do not stray.

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Say, I'm a radiologist. I don't practice emergency medicine.

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Here's my opinion on the radiology.

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But you may be useful to them in formulating their questions

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for the experts in the other subspecialties,

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and in particular in preparing them to depose the opposing

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expert in radiology, provide them relevant images,

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provide them with the literature

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that supports your testimony.

Report

Faculty

David M Yousem, MD, MBA

Professor of Radiology, Vice Chairman and Associate Dean

Johns Hopkins University

Majid Aziz Khan, MD, MBBS

Director, Non-Vascular Spine Intervention

Johns Hopkins University

Mahla Radmard, MD

Postdoctoral Research Fellow

Johns Hopkins University School of Medicine

Kelly P. Yousem, JD

Plaintiff’s Attorney

Tags

Non-Clinical