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Medical Malpractice Law & StrategyLJN NewslettersNewsSections

<i>Voir Dire</i> of Expert Witnesses

By Lawrie E. Demorest and Natalie S. Whiteman
February 09, 2004

The use of expert testimony is essential in almost all medical malpractice cases. In order to survive summary judgment or directed verdict, the plaintiff must usually submit expert testimony relating to the proper standard of care as well as causation. In most states, in the absence of res ipsa loquitur, the proper medical standard of care must be established by an expert from the medical community and not by a lay witness. Because of the complexity of most medical practice cases, it is often impossible for the fact finders to intelligently evaluate the facts without the application of expert knowledge.

In a jury trial, the jury will customarily compare opposing experts to make an initial determination as to which expert to believe and how much weight to assign to the testimony of each. One of the primary ways in which jurors decide which expert to believe is a comparison of qualifications.

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