Tag Archives: medical expert witnesses

Medical Expert Witness: Challenge of Fatigue

After 16 years in the industry, we have seen our fair share of extraordinary cases filled with stories, emotions, and at times, nearly unbelievable events.

With this experience, comes the danger of medical expert witness fatigue.  Plaintiffs and Defendants are added to the memory bank, but begin to be grouped together in the mind.  What was once shocking, becomes an essential case detail instead.

Because the well being of people hinge on our work, the emotional and psychological toll can at times be great.  And that wears on a person.

To combat that, we only need to look around to our families and loved ones.  We ask ourselves what we would want if someone we loved were a Plaintiff or Defendant in a case.  This always gives new meaning to our work and drives us to be at our best.

Advance always,

Robert Leonard Pham

RIP Connor

Medical Consultant versus Expert Witness

If you are a healthcare professional interested in doing medicolegal work, you may be wondering what kind of roles you can assume in a case.  This blog post will give you the basics.

Put simply, you must decide whether you want to be involved behind the scenes or be willing to testify.

Being behind the scenes as a consultant, you will evaluate the facts of the case through the pertinent medical records and relevant literature.  You will give the attorney  client your opinions, informing his or her next step.  You may be asked to write a report of your findings, but that report will not be submitted to the court.  You will not give your opinion under oath during deposition and trial.

Being a consultant is an attractive option to many, including a great number of nurses who offer medical record summaries to attorneys, but when testimony under oath is needed, so is a testifying expert witness.

The testifying expert witness will do all that the consultant will do, but his or her written report will be submitted to the court and, if necessary, he or she will give testimony during deposition or trial.

The testifying expert witness’s increased involvement means added time commitment and exposure to the stress of testimony, but the rewards of being the difference between success and failure during trial can be yours.

Experts Clearinghouse’s clients typically prefer to have medical professionals who testify as well, most likely because all roles are met by a single person.  Time and resources are saved.

Let us know if you would like to be involved.

Thank you, and keep pushing,

Robert Leonard Pham

The Ideal Medical Expert Witness

Ideal medical expert witnesses do exist, and there are certain qualities that Experts Clearinghouse targets when determining who we recommend for medical malpractice cases and pharmaceutical or product liability mass torts.

First and foremost, we target expert witnesses who are board certified in their respective specialties and subspecialties.  Are we saying that a doctor must be board certified to be a good doctor?  Absolutely not, but when it comes to demonstrating expertise within the courtroom, having the training necessary to be certified by an American Board of Medical Specialties entity certainly helps.  Certain states even require it.  As a practice, Experts Clearinghouse only recommends those who are board certified.

Second, we target those physicians who currently hold academic positions.  Again, we are not saying that this automatically means the physician is a good doctor, but what this demonstrates to a jury is that this physician commands enough respect among his or her peers to hold said position.  To be able to both practice and teach students medicine carries weight in the courtroom.

Coming hand in hand with teaching physicians often is the practice of research and publishing scientific papers.  Doing such demonstrates to a jury that this physician is up to date with the latest in one or multiple areas of expertise, even better when those said papers relate directly to the issues at hand in any given legal case.

As discussed elsewhere in this blog, presentability and communication skills are also paramount.  All of the credentials in the world do not carry much weight in the courtroom if the jury does not connect to or understand the expert witness.  I am thinking along the lines of the tree falling with no one around to hear analogy, although in this case, words are heard but the question is comprehension and impact.

As for the expert witness advertising him or herself as an expert witness, I am still on the fence regarding recommending or discouraging this practice.  I can honestly say that the practice is becoming more accepted in the industry, although generally, the medical expert witnesses that Experts Clearinghouse recommends do not advertise.  As stated previously, this is the choice of the expert.  Expert witness work is stimulating and worthwhile for many, and even better that one can be compensated for sharing ones expertise.  I consider myself a sort of expert on expert witnesses, especially medical, and I am glad I get a chance to help push along the tough cases which our beautiful legal system must face.

Because I am compensated for my expertise, I feel even more obligated to act in the most prudent and honest manner possible.  The ideal medical expert witness does the same.

The ideal medical expert witness will have a license in good standing and currently practicing, at least in some capacity.  Experts Clearinghouse has worked with clients who actually prefer Professors who are semi-retired because they have the time necessary for expert witness record and literature review and testimony, particularly for multi-plaintiff mass torts.

The ideal medical expert witness does not do too much expert witness work.  The definition of “too much” will depend on the client, but almost universally sought after is a balanced mixture of Defense and Plaintiffs work.

Are you the ideal medical expert witness?  Please let us know if you are interested in doing expert witness work.  We would love and honor the opportunity to work with you.

Keep pushing and thank you,

Robert Leonard Pham

 

(c) 2012-2013 ExpertsClearinghouse.com – all rights reserved

Medical Expert Witness Fees

There are a number of factors which can potentially dictate how much a medical expert witness can charge for his or her services.  They will be discussed in this blog post.

The first and most important factor is the type of degree the medical expert witness holds, assuming that the expert is still practicing with a license in good standing in their respective field.  Medical doctors are at the top of the pyramid with their doctorate level research colleagues (Ph. D.’s) and Pharmacists next followed by registered nurses and physical therapists with technicians last.

Below are typical minimums charged by the medical expert witness for record review and report writing.  The per hour starting points:

M.D. and D.O. – $250/hr.

Doctorate level research scientist or pharmacist – $150/hr.

Registered nurse or physical therapist – $100/hr.

Technicians – $75/hr.

Testimony whether in deposition or trial usually means higher rates for the medical expert witness, typically seeing a rate increase of a factor of one and a half to two.  The per hour starting points thus become:

M.D. and D.O. – $300/hr.

Doctorate level research scientist or pharmacist – $200/hr.

Registered nurse or physical therapist – $150/hr.

Technicians – $125/hr.

As for how much the medical expert witness can command, more details will be discussed below.

For an M.D. and a D.O., if you perform surgical procedures, typically you can command more doing expert witness work especially as your specialty and subspecialty are practiced by less people.

Also for an M.D. and a D.O., being Board Certified in your respective specialty and subspecialty will allow you to dictate more.  Almost all clients require their expert witness to be Board Certified, and Experts Clearinghouse’s own policy is to recommend only Board Certified physicians.

A factor which applies to all medical expert witnesses is whether or not the expert currently holds a teaching position in his or her respective field of expertise.  Department Chairs command the most followed by Professors, Associate Professors, Assistant Professors, and Clinical Instructors respectively.

Teaching at well known and respected institutions also usually means the medical expert witness can command more.

These are the typical fee factors which we have seen from the thousands of medical expert witnesses which we have been exposed to and placed since 1998.

Keep pushing and thank you,

Robert Leonard Pham

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Experts Clearinghouse LLC consistently delivers the most sought after medical expert witnesses to law firms, corporations, and governments who need them the most. Our network includes the absolute best credentialed and respected practitioners who testify in the toughest of scenarios, often when other networks have failed.

Call us today for your free initial consultation at 713-501-8526 or e-mail at medexperts@gmail.com.

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(c) 2014-2015 ExpertsClearinghouse.com – all rights reserved

Colon and Rectal Surgery

Experts Clearinghouse LLC consistently delivers the most sought after colon and rectal surgeons to law firms, corporations, and governments who need them the most.  Our network includes the absolute best credentialed and respected practitioners who testify in the toughest of scenarios, often when other networks have failed.

Call us today for your free initial consultation at 713-501-8526 or e-mail at medexperts@gmail.com.

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Experts Clearinghouse experts in this Specialty have a certificate issued by:  American Board of Colon and Rectal Surgery

Subspecialties include:  None

States represented by the network:  Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Expert Witness Location Difficulty Level:  HIGH

Typical minimum fee for Record Review and Report Writing for this Specialty:  $250 per hour

Typical minimum fee for Testimony for this Specialty:  $300 per hour

For a more complete explanation of Fees, click here

Medical Malpractice issues:  Standard of care

Mass Tort involvements:

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Taken from Wikipedia.org:

Colorectal surgery is a field in medicine, dealing with disorders of the rectum,anus, and colon. The field is also known as proctology, but the latter term is now used infrequently within medicine, and is most often employed to identify practices relating to the anus and rectum in particular. The word proctology is derived from the Greek words ??????? proktos, meaning “anus” or “hindparts”, and -????? -logia, meaning “science” or “study”.

Physicians specializing in this field of medicine are called colorectal surgeons or proctologists. In the United States, to become colorectal surgeons, these surgical doctors have to complete a general surgery residency, as well as a colorectal surgery fellowship, upon which they are eligible to be certified in their field of expertise by the American Board of Colon and Rectal Surgery or the American Osteopathic Board of Proctology. In other countries, certification to practice proctology is given to surgeons at the end of a 2-3 year subspecialty residency by the country’s board of surgery.

Scope of the specialty

Colorectal surgical disorders include:

Surgical treatment and diagnostic procedures

Surgical forms of treatment for these conditions include: colectomy, ileo/colostomy, polypectomy, strictureplasty, hemorrhoidectomy (in severe cases of hemorrhoids), anoplasty, and more depending on the condition the patient suffers from. Diagnostic procedures, such as a colonoscopy, are very important in colorectal surgery, as they can tell the physician what type of diagnosis should be given and what procedure should be done to correct the condition. Other diagnostic procedures used by colorectal surgeons include: proctoscopy, defecating proctography, sigmoidoscopy. In recent times, thelaparoscopic method of surgery has seen a surge of popularity, due to its lower risks, decreased recovery time, and smaller, more precise incisions achieved by using laparoscopic instruments.

Another new, revolutionary method of surgery, the CARP method (Compression Anastomotic Ring-locking Procedure) is underway in Europe.[citation needed] This new method is fast becoming the preferred choice due to exceptional benefits to patients in regards to faster healing process, reliability, and quick leak-detection potential.[citation needed] The reduced need for a protective stoma is another appealing attribute.[citation needed]

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Current Medicolegal Dilemmas

The title to this post, Current Medicolegal Dilemmas, is misleading now that I think about it a bit.

Even with the advent of technology that mostly eliminates the need for hard copies and even with software which assists in legal research and record retrieval, the core of medicolegal matters remains the people who are involved in a case.

At the end of the day, regardless of which side you represent, your case will fail if your expert witness is deemed untrustworthy or meritless.  The digital age has made it easier to find experts in certain fields, but that expert must still hold weight in court.

With that comes the prerequisites of an expert witness that will probably never change:  Presentability and Communication.

Presentability speaks to how a jury will respond to an expert witness, however superficial that initial response may be.  Unfortunately, this fact often hinges heavily on physical appearance but ultimately it is the litigator who will consider all aspects possible when choosing an expert witness.

Communication gives the litigator less wiggle room.  If the expert witness cannot communicate in a clear and convincing manner or cannot be understood by the jury, everything else is for naught.

The medicolegal world has changed tremendously when it comes to the accessibility of information and how fast that information can be gathered and distributed, but in some ways I take comfort in the fact that the obvious realities of real life challenges remain.  The medicolegal field remains rooted in people.

Keep pushing,

Robert Leonard Pham

 

 

(c) 2012-2013 ExpertsClearinghouse.com – all rights reserved

Anesthesiology

Experts Clearinghouse LLC consistently delivers the most sought after anesthesiologists to law firms, corporations, and governments who need them the most.  Our network includes the absolute best credentialed and respected practitioners who testify in the toughest of scenarios, often when other networks have failed.

Call us today for your free initial consultation at 713-501-8526 or e-mail at medexperts@gmail.com.

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Experts Clearinghouse experts in this Specialty have a certificate issued by:  American Board of Anesthesiology

Subspecialties include: Critical Care Medicine, Hospice and Palliative Medicine, Pain Medicine, Pediatric Anesthesiology, Sleep Medicine

Expert Witness Location Difficulty Level:  MEDIUM

States represented by the network:  Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Typical minimum fee for Record Review and Report Writing for this Specialty:  $250 per hour

Typical minimum fee for Testimony for this Specialty:  $300 per hour

For a more complete explanation of Fees, click here

Medical Malpractice issues:  Standard of care

Mass Tort involvements:

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Taken from Wikipedia.org:

An anesthesiologist (US English) or anaesthetist (British English) is a physician trained in anesthesia and perioperative medicine.

Terminology varies between different countries. In the United States, the term anesthesiologist refers to a physician who has completed an accredited residency program in anesthesiology after medical school training, while the term anesthetist is used for nurse anesthesia providers who have undergone specialized training in administering anesthesia under the supervision of a physician. By contrast, in the UK, most former Commonwealth countries and in Europe, the term anaesthetist refers only to physicians, who may be assisted by any of anaesthetic nurses, anaesthetic technicians, operating department practitioners or physician associates depending on local practice.

Anesthesiologists provide medical care to patients in a wide variety of (usually acute) situations, including preoperative evaluation, consultation with the surgical team, creation of a plan for the anesthesia tailored to each individual patient, airway management, intraoperative life support and provision of pain control, intraoperative diagnostic stabilisation, proper post-operative management of patients. Outside the operating room, anesthesiologists spectrum of action includes with in-hospital and pre-hospital emergencies, intensive care units, acute pain units and chronic pain consultations. Because anesthesiologists are physicians, in contrast to other anesthesia providers, they are able to utilize their extensive knowledge of physiology, pharmacology and diseases to guide their decision making.

In the USA, there has been a shortage of anesthesiologists historically. In order to better serve the population, residency positions in anesthesiology for physicians have been steadily increasing the past several years. In addition, US physicians supervise ACTs, or Anesthesia Care Teams, which are composed of a supervising physician with several certified registered nurse anesthetists (CRNAs) or anesthesiologist assistants (AAs). In other areas of the USA, anesthesiologists work in what is deemed a “solo” or “MD/DO only” practice, during which they provide anesthesia in a “one on one” relationship with the patient. In many areas of the country CRNAs work independent of an anesthesiologist.

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Allergy and Immunology

Experts Clearinghouse experts in this Specialty have a certificate issued by:  American Board of Allergy and Immunology

Subspecialties include:  None

Expert Witness Location Difficulty Level:  MEDIUM

States represented by the network:  Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Typical Fees for Record Review and Report Writing for this Specialty:  $200 to $600 per hour

Typical Fees for Testimony for this Specialty:  $400 to $1200 per hour

For a more complete explanation of Fees, click here

Medical Malpractice issues:  Standard of care

Mass Tort involvements:

Common diseases:

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