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You have a court case set to go to trial, and all you need is an orthopedic surgery expert witness. Winning the case may depend on the testimony of your expert witness, but how can you be sure to choose the right orthopedic surgeon? What credentials and personality traits are likely to influence a jury the most?
Below are the top 5 things you should consider when selecting an orthopedic expert witness:
Credentials: Using a physician who has attended top schools is always important for credibility. How many years the doctor has been in practice also weighs heavily in the minds of the jurors when evaluating if the physician is qualified. Young physicians may have excellent education, but if they have not had much real experience, the opposing counsel can easily discrediting them in front of a jury.
Research Experience: When possible, it’s best to find an orthopedic expert who has extensive research experience related to the injury being evaluated in the case. If the injury is musculoskeletal, any board-certified orthopedic surgeon should be able to adequately do the evaluation, but an orthopedic surgeon with a specialty related to the injury will have more credibility with a jury as an expert witness.
Articulate: When searching for an orthopedic expert, it’s crucial to find someone who is articulate and can successfully explain complex ideas. You may have the best orthopedic surgeon in the country, but if he/she can’t discuss the medical issues in clear terms, the jury may not understand, and you could lose the case.
Personality: A good expert witness must appear calm and polite in the courtroom, regardless of what happens. There is no place for arrogance or condescension. If your orthopedic expert is friendly and can create a positive impression with the jury, it can go a long way to help your case.
Impartiality: An expert witness must be careful to appear impartial throughout the proceedings. If the jurors perceive that the expert has a bias toward one side, it can hurt his/her credibility.
There are many factors that affect the jury’s perception of your expert’s credibility, but if you keep these 5 things in mind, you will likely make a very good choice when it comes time to select an orthopedic expert witness.
California Medical Evaluators has over 150 physicians in all specialties available for Expert Witness Testimony, IMEs, AMEs, QMEs and medical records review in Los Angeles and Orange County, as well as all over the state of California. To request a medical expert, click here.
