expert witness testimony l.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
EXPERT WITNESS TESTIMONY PowerPoint Presentation
Download Presentation
EXPERT WITNESS TESTIMONY

Loading in 2 Seconds...

play fullscreen
1 / 13

EXPERT WITNESS TESTIMONY - PowerPoint PPT Presentation


  • 548 Views
  • Uploaded on

EXPERT WITNESS TESTIMONY. KIM CURRY, PhD, ARNP Assistant Professor University of Tampa. MEDICAL MALPRACTICE. A type of tort law (wrongful act) Four elements must be proved for medical malpractice: duty, breach of duty, proximate cause, & damages

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'EXPERT WITNESS TESTIMONY' - Rita


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
expert witness testimony

EXPERT WITNESS TESTIMONY

KIM CURRY, PhD, ARNP

Assistant Professor

University of Tampa

medical malpractice
MEDICAL MALPRACTICE
  • A type of tort law (wrongful act)
  • Four elements must be proved for medical malpractice: duty, breach of duty, proximate cause, & damages
  • Experts are used to interpret medical standards of care to the jury
  • It is very difficult for most jurors to evaluate clinical evidence
process steps
PROCESS STEPS
  • INITIAL CONTACT
  • INITIAL REVIEW
  • AFFIDAVIT
  • CASE PREPARATION
  • DEPOSITION
  • TRIAL PREPARATION
  • TRIAL
  • RESULTS AND FEEDBACK
initial contact
INITIAL CONTACT
  • The plaintiff or defendant attorney contacts an appropriate expert and discusses the case
initial case review
INITIAL CASE REVIEW
  • File is sent to expert witness
  • Witness evaluates file to ensure it is appropriate for scope of practice
  • Witness reviews medical record for initial opinion: is plaintiff/defense attorney view consistent with expert opinion?
  • If not, case is declined.
  • It is the expert’s time that is purchased
affidavit
AFFIDAVIT
  • After initial review and agreement, attorney drafts an affidavit stating the position on the case
  • Expert reviews, revises, signs, and has notarized
  • This affidavit is presented to the opposing side
  • Arguments are drawn up
case preparation
CASE PREPARATION
  • Extensive review of medical record
  • Additional evidence gathered
  • Expert provides medical references
deposition
This is the worst part!

The deposition drives the trial

Many depos are face to face, some video

Transcripts shared with both sides

Only hear your own testimony

Includes:

Multiple attorneys

Adversarial approach

Court reporter

Debriefing with collaborating attorney

DEPOSITION
preparation for trial
PREPARATION FOR TRIAL
  • After all depositions are complete
  • All depos are shared with all attorneys
  • All depos are shared with all experts
  • Experts must critique all other expert testimony and assist collaborating attorney with weaknesses and strengths
trial testimony
TRIAL TESTIMONY
  • Only hear own testimony
  • Attorneys try to rephrase from deposition
  • Added drama for jury
  • Plaintiffs on view for jury
results and feedback
RESULTS AND FEEDBACK
  • Generally attorneys contact experts after trial to share results
  • May discuss appeals
  • Expert should ask for feedback on all face to face testimony for own development
marketing services
MARKETING SERVICES
  • Largely word of mouth
  • Credentials must match the case
  • Formal courses are available
  • Pricing for market
  • Often starts with risk managers
thank you
THANK YOU
  • QUESTIONS?