What Attorneys Should Know Before Retaining a Medical Expert Witness

By Dr. Steven B. Ross, DC, FASBE, DAAPM

Chiropractic Physician | Fellow, American Academy of Applied Spinal Biomechanical Engineering | Diplomate, American Academy of Pain Management.

Selecting the right medical expert can have a significant impact on how a medically complex case is evaluated. An expert's role is not simply to provide an opinion, but to help attorneys understand the medical evidence, evaluate causation, and explain complex clinical issues clearly and objectively.

1. Does the Expert Have Relevant Clinical Experience?

An expert's credentials should be relevant to the issues involved in the case.

An attorney may need an expert who understands a particular body system, injury mechanism, clinical condition, or treatment approach. Broad medical experience can be valuable, but experience directly related to the case is especially important.

2. Does the Expert Understand Injury Causation?

Understanding a diagnosis is not necessarily the same as determining causation.

A qualified expert should be able to evaluate the available evidence and explain whether the reported mechanism of injury is medically consistent with the findings. This may require reviewing medical records, imaging, clinical history, pre-existing conditions, and other potential explanations.

3. Can the Expert Explain Complex Medical Evidence Clearly?

Medical terminology can be difficult for attorneys, judges, and juries to interpret.

An effective expert should be able to explain complex medical and biomechanical concepts in a clear and understandable manner while maintaining the scientific basis of the opinion.

4. Is the Opinion Objective and Evidence-Based?

An expert's responsibility is to evaluate the evidence objectively rather than simply support the position of the party who retained them.

Attorneys should consider whether the expert's opinions are grounded in clinical experience, medical records, scientific literature, and accepted principles within the relevant field.

A strong opinion should follow the evidence wherever it leads.

5. Does the Expert Communicate Effectively?

Communication begins before the report is written.

Responsiveness, availability, and the ability to communicate effectively with the legal team can make the expert process significantly more efficient. Attorneys should know how the expert handles questions, document review, deadlines, reports, depositions, and trial preparation.

Choosing the Right Medical Expert Witness

The right medical expert should bring together relevant clinical experience, knowledge of injury mechanisms, objective analysis, effective communication, and the ability to explain complex evidence clearly.

For attorneys handling medically complex cases, evaluating these factors early can help create a stronger foundation for case preparation.

The goal is not simply to find an expert who can provide an opinion. It is to find an expert whose experience and analysis can help the legal team understand what the evidence actually supports.

About the Author

Dr. Steven B. Ross, DC, FASBE, DAAPM is a chiropractic physician, spinal biomechanical injury analyst, Independent Medical Examiner, and expert witness with more than 40 years of clinical experience. His practice focuses on injury causation analysis, spinal biomechanics, chiropractic and medical malpractice, independent medical examinations, and evidence-based medical-legal consulting.