60. How to Be A Medical Expert Witness with Amal Mattu, MD and Rich Orman, JD
Oct 4, 2021
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Amal Mattu, MD and Rich Orman, JD share insights on being medical expert witnesses. They discuss the motivation, approach, and challenges of this career. They also highlight the importance of cautious language in podcasts and staying calm on the stand. They delve into becoming a medical expert witness in Med Mal cases and the significance of clinical policies and guidelines. Strategies for preparing expert witnesses for testimony are also explored.
Thorough preparation is crucial for a career as a medical legal expert witness, including reviewing relevant documents and understanding medical literature and guidelines.
Remaining calm and providing nuanced answers during intense cross-examination is essential for expert witnesses.
Maintaining professionalism and avoiding personal investment or defensiveness is key to establishing credibility as an expert witness.
Deep dives
Preparing to be a Medical Legal Expert Witness
When considering a career as a medical legal expert witness, it is important to thoroughly prepare for the role. This includes familiarizing oneself with the specific case, reviewing all relevant documents and reports, and understanding the medical literature and guidelines related to the subject matter. The expert witness should also have a clear understanding of their role in the legal process and be ready to answer questions in a concise and precise manner.
Navigating Cross-Examination and Answering Yes/No Questions
During cross-examination, expert witnesses may face intense questioning and yes/no questions that may oversimplify complex medical issues. In such situations, it is important for the expert witness to remain calm and answer the question truthfully. If a simple yes or no answer is not possible, it is appropriate to respond with phrases such as 'it depends' or 'not necessarily,' which allow for a more nuanced explanation if required.
Maintaining Professionalism and Avoiding Anger
Expert witnesses should always maintain professionalism during testimony, regardless of the nature or intensity of the questioning. It is essential to avoid getting personally invested or defensive, as this can undermine credibility and harm the case. Instead, the expert witness should focus on providing clear, concise, and honest answers to the best of their knowledge and expertise.
The Importance of Preparation and Knowing the Case
The best expert witnesses invest time in thorough preparation, which includes reviewing all relevant medical data, records, and reports. They should also have a deep understanding of the case's subject matter, the relevant medical literature, and the potential challenges that might arise during questioning. By being well-prepared, expert witnesses can instill confidence and credibility in their testimony.
Maintaining Ethical Standards and Avoiding Bias
Expert witnesses must always strive to maintain objectivity and truthfulness during testimony. It is important to avoid any personal biases or preconceived notions that might cloud professional judgment. By consistently providing honest and unbiased opinions based on sound medical knowledge and evidence, expert witnesses can strengthen their credibility and reliability as witnesses.
Thinking about a career as an expert witness but now quite sure how to get started? Or perhaps you already have a side gig in this line of work but you want to up your game. In this episode we chat with Amal Mattu, MD who is an expert at being an expert witness. He shares pearls of wisdom including what inspires him to do this, how he does it, and why you should remain nice even when it’s getting heated in the courtroom. Our second conversation is with Rich Orman, JD who has years of experience working with expert witnesses as a trial attorney. He gives his perspective on the mistakes expert physicians make and teaches us that preparation is the key to success.
Guest Bios:
Amal Mattu, MD is a professor of emergency medicine at the University of Maryland. He's known worldwide for his expertise in educating on emergency cardiology issues as well as his medical legal expertise and experience.
Rich Orman, JD spent nearly three decades as a trial lawyer, working across the spectrum of practice types - public defender, private practice, and most recently as Senior Chief Deputy District Attorney in Colorado's 18th judicial district.
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