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Expert Witness Role and Responsibility Under Oath

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Moving on now, in terms of your role, uh, uh,

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under oath, specifically under oath.

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I mean, by this point you have been working with the lawyer.

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Hopefully you have been well prepared to give a deposition

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or to give your trial testimony.

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You should have a pretty solid idea of all the questions

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that the attorney who's hired you is going to be asking you,

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as well as what questions you can

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expect from the other side.

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So when you get to this point, it's now your role

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to come in, be calm, you know, you're kind of the voice

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of reason in all of this.

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Uh, you need to be assertive

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and confident, um, for your, you know, in,

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in giving your opinions regarding the case.

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Um, and sometimes, you know, the opposing attorney will say,

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well, you know, doctor, do you consider yourself

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to be an advocate for the plaintiff

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or an advocate for the defendant?

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And, and at this point, my response is I tell my expert,

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some people I think would, would probably go,

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oh, no, don't do that.

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But you work with the lawyers, hired you.

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But in my case, when we get to the point of a deposition

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or we get to trial, I am telling my expert, yes,

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you are an advocate for the side that now has hired you

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because you have rendered in an unbiased objective fashion

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your opinions, and you are essentially advocating

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for your opinions.

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And if that's the opinion that's needed to make the case

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for the side you're working for, then yes,

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you're an advocate for that side.

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And I don't think it means that you are biased.

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It means that you've done your job.

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