What does it take to become an expert witness? Because expert witnesses serve in a variety of roles, there is no core set of essential qualifications. 6 However, given the wide variety of legal and regulatory proceedings, most expert witnesses do not testify against other clinicians.Ĭons: Reasons to Consider Not Becoming an Expert Witness Survey evidence shows that some expert medical witnesses are reluctant to testify against other clinicians. Other oncology experts are working on cases alleging that cellphone use causes brain cancer and that diabetes medications containing pioglitazone cause bladder cancer.įurther, oncology expert witnesses also assist in insurance coverage disputes, billing fraud cases, peer review hearings, warning label cases, worker’s compensation claims, and health-care licensing board investigations. 5 Oncology experts have also been critical to cases alleging that Monsanto’s Roundup weed killer causes non-Hodgkin lymphoma. In just the first several cases, juries have already awarded plaintiffs more than $5 billion. For example, they have been key players in Johnson & Johnson talc-safety lawsuits alleging that asbestos in Johnson & Johnson’s baby powder causes ovarian cancer and mesothelioma. Malpractice cases aside, oncology experts are also instrumental in testifying in product liability cases. Here, experts are essential to helping the judge and jury understand the relevant standards of care whether the defendant followed them whether the defendant’s alleged negligence caused the patient’s injuries and the extent of those injuries in terms of prognosis, future care needs, and life expectancy. Perhaps the best known is medical malpractice litigation. What exactly will you do as an expert witness in a case? Oncology expert witnesses serve in a variety of legal and regulatory tribunals. 4 You can also provide much broader benefits by elevating the level of the practice of medicine and by protecting public health, for example, by helping to remove harmful consumer products from the market. For example, you can learn about medical charting errors that can improve documenting abilities in your own practice. Third, serving as an expert witness can be both educational and rewarding in non-financial ways. But the work primarily entails: (1) evaluating prospective cases (2) reviewing records and depositions (3) preparing a report and (4) discussing the case with counsel. Yes, expert witnesses must occasionally testify in a deposition or at trial. 3 Most of these hours are billed at home during evenings and weekends. On average, oncology experts charge $500 per hour, and some charge more than $1,000 per hour. Second, in addition to fulfilling your civic duty, serving as an expert witness can be lucrative. Thaddeus Mason Pope, JD, PhD Tweet this quote Given the wide variety of legal and regulatory proceedings, most expert witnesses do not testify against other clinicians. 1 For example, the American Medical Association Code of Medical Ethics states that “as citizens and as professionals with specialized knowledge and experience, physicians have an obligation to assist in the administration of justice.” 2 Like voting and jury service, being an expert witness is part of what it means to be a good citizen. Dozens of medical societies’ ethics codes and position policies state that the public interest requires clinicians to serve as expert witnesses. First, oncologists have an ethical responsibility to facilitate legal and regulatory proceedings concerning cancer. There are three main reasons to be an expert witness in a legal dispute. Should you become an expert witness in a legal proceeding? To help inform your decision, we have outlined key advantages and disadvantages of becoming an expert witness in a case. With increasing conflict related to liability and insurance coverage, the demand continues to grow for objective physicians who are not involved in a specific case, have no personal interest in the outcome of the case, and have expertise in the matter being litigated. Hundreds of oncologists are working “side gigs” as expert witnesses in a wide range of medicolegal settings.
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