How to Present the Defense Medical Expert at Trial
                                                                                  By Christine Tailer


Witness Preparation
Perhaps better called “getting to know your witness” and learning how to direct or control his testimony

GET TO KNOW WITNESS
-        Why did witness get into this particular field
-        Special certifications or degrees
-        Typical professional day/week (personal slips in)

DISCUSS OUTLINE OF TESTIMONY
-        Bottom line opinion
-        Education/qualifications
-        Quite likely will not refer to report
-        Will refer to pre-marked exhibits in EXHIBIT BINDER
                      -     Will refer to each exhibit reviewed and what found of
                            significance in each exhibit
-        Will ask legal litany only once
(all opinions will be given within a reasonable degree of medical certainly and will be based on education,
training and experience as well as the records reviewed and the examination performed in this case)

DIRECT EXAMINATION OF THE WITNESS
         Keep it short (15 to 20 minutes)
         Intro myself
         Into fact that witness and I have worked together many times before                                                       
                        Ask if the fact that we work together often will affect his testimony
         Ask what he does for a living
         Ask why he chose that career
     What educational requirements required of career
         Ask him to describe a typical professional day
         
   Get Opinion Testimony Out Up Front!
   Ask that the doctor give all of his opinions with that litany
within a reasonable degree of medical certainly,
based on education, training and experience as well as the records reviewed and the examination performed in
this case
   Ask if reviewed materials and performed an examination of the Plaintiff  
   
What opinion did he form after review and exam                       Opinion #1                                            

   Then set up the basis of that opinion                                                 
                Walk through each important record and ask what found of significance in each
                 You control the examination by handing the doctor each exhibit
                         Doctor, did you review the ER records?
                         Now turn to Exhibit “A” in the binder before you
                         Are those the ER records you reviewed?
                         What did you find of significance as you looked through those records?   
                         Why was that _____  important?
                         Lets take a look now at Exhibit “B” ………
                                  x-rays and MRI’s on lite box or close up on video
                                  
        Did you also perform a hands on physical examination?
                     What is the purpose of a hands on exam?
                     How do our perform the exam?
                     Did you examine the neck?
                     How?
                     What did you find of significance in the neck exam?
                     Why was that finding important?
                     Did you examine the low back?    …
                                                         shoulder?   

Then, after you have walked through all the relevant records and the hands on exam  
ASK FOR THAT ALL IMPORTANT OPINION ONCE AGAIN                            Opinion  #2

AND THEN ASK WHY THE DOCTOR HOLDS THAT OPINION                        Opinion #3

Then, assuming that Plaintiff’s doctor has a differing opinion, ask the doctor if he is aware of that opinion and
ask why he disagrees with that doctor.

FINALLY ASK THE DOCTOR HOW STRONGLY HE HOLDS HIS OPINION     Opinion #4

And Lo and Behold!!!  You have elicited that all important opinion testimony FOUR times!!!!
                   

Remember, whenever you hear the doctor use a medical word, ask him what it means.
              Do not be shy. ASK THE DOCTOR TO EXPLAIN EVERYTHING !!!!!!
              This is particularly important during the exam portion of testimony
                                             Spurlings ?
                                             Kemps ?

Remember, experts are people too and that is your goal, to make your expert seem like a likeable, believable
person!!!!