0:00

The next thing that I would tell you is that you, as,

0:04

as a physician, an expert witness,

0:08

you're integral to this process.

0:10

I don't get to go into court and testify

0:12

and tell the jury my opinions about the facts.

0:16

Uh, we do that during, during the close,

0:19

but it's, we have to rely on you to come in

0:24

as an expert witness, qualify you,

0:26

and then have you, uh, give your opinions

0:28

to support our case.

0:30

And it's important for you to understand that

0:33

as a plaintiff's attorney

0:35

and the plaintiff in the case has the burden of proof.

0:38

Now, there are some situations under which that can shift,

0:42

um, a bit,

0:43

but plaintiffs in general are responsible

0:47

for making their case, uh,

0:49

under the legal standard to the jury.

0:52

The defendant then comes in

0:54

and uses you as an expert witness to

0:57

rebut the plaintiff's expert's opinions

1:00

unless the plaintiff's case.

1:02

So it, we often refer to it as a battle of the experts.

1:05

It often is, um, if, if it gets to trial

1:09

and, um, it's up to the jury, uh, to decide.

1:13

So, uh, this process requires you, the jury,

1:18

uh, is going to be relying on you.

1:21

And as Dave went through, for example, with the a CR, this,

1:25

this work is supported by most medical boards,

1:28

and you should absolutely be familiar with

1:31

what your board says about doing this type of work,

1:36

because I can tell you it's becoming more

1:38

and more common these days for the opposing side,

1:42

particularly defense attorneys trying to attack experts

1:46

who do, plaintiffs who are doing a plaintiff's case

1:50

to question, have you read this?

1:51

Are, you know, you're, are you complying

1:53

with, are you familiar?

1:55

And if you can say to them, absolutely, I am familiar

1:58

with the standards, or I'm familiar with the, um,

2:02

this section in the a CR

2:05

or whatever board you're working with.

2:07

Um, and I understand my obligations

2:09

and I'm complying with my obligations.

2:12

So, um, that's one of the things,

2:15

and I think, uh, we may talk about this just, uh,

2:18

in a later talk,

2:19

but it's important for you to understand that

2:23

as you're doing this expert work, the opposing attorney

2:27

is trying to undermine you the right, they're trying

2:30

to find chinks in your armor.

2:31

They're trying to get you to question yourself, right?

2:35

Oh my gosh. You know, did, did mis uum not provide me

2:39

with certain information?

2:41

And, and that, you know, I tell my, tell my experts

2:45

and anybody you work with should be willing to do this.

2:47

No, you can't. You can absolutely state this

2:51

was provided to me.

2:52

Um, I'm absolutely confident and comfortable in my opinions.

2:57

And then here's one that they'll

2:58

Throw out at you, doctor.

3:00

Are you aware that we can send your sworn testimony

3:04

to your credentialing board for review?

3:07

And I tell my experts, look, that question is coming.

3:10

And you look right back at 'em and say, yes, I am.

3:12

Please do so. And then you move forward.

3:16

They'll back down pretty quickly with that.

3:18

So there's all these tactics

3:20

and underlying subtext going on,

3:21

and you need to be aware of that,

3:23

and you'll get more savvy with that,

3:25

the more expert witness work that you do,

3:27

if you're interested in doing that.