A holder of an MD degree from the State University of New York Health Science Center at Brooklyn, Dr. David H. Segal is a veteran neurosurgeon providing independent medical exams (IMEs) and medicolegal expert services since 1997. Currently, David H. Segal, MD, serves Eastern Iowa Brain and Spine Surgery, a solo neurosurgeon practice in Cedar Rapids, Iowa, which he founded in 2009.
Besides surgeons, physicians, nurses, and other licensed health care professionals with appropriate expertise can become medical expert witnesses and testify in court. They can be particularly helpful in medical malpractice and personal injury cases, and attorneys often use their services from the discovery to the trial stages.
Becoming a medical expert witness requires careful consideration of numerous factors, including skills and expertise, potential conflicts of interest, and time availability. The work of medical expert witnesses demands specific skills. These include preparing a professional CV, having interviews with attorneys, writing legal reports subject to strict guidelines, and testifying in court.
Most importantly, however, is having the expertise to provide an opinion. Medical expert witnesses should only express their opinion within their field of expertise. In addition, they should have a profound understanding and extensive experience with the specific issues treated in each case. Once on the witness stand, the opposing party’s attorneys can put their professional qualifications and reasons for forming their opinion to a severe test during a cross-examination.
Before acting as an expert on a case, health care professionals must ensure there are no potential conflicts of interest. These may include previous experience, such as treating either party or their family and working at a given health facility or with other attorneys involved in the same case.
Finally, being a medical expert witness is a time-consuming activity. It may require multiple working hours for several weeks or even months. In addition, they will have to work according to a schedule imposed by the court. Prospective medical expert witnesses should realistically evaluate their time availability and whether they will be able to thoroughly review the case documents, conduct extensive research, and compile a defensible written report.
