Finding an Expert Witness for a Family Medicine Case
Article by W. Anthony Gerard, MD, FACEP, FAAFP
Qualifications and Experience
I am residency-trained and board-certified in family medicine, so topics in FM are within my scope of practice. I teach family medicine residents and am a member of the AAFP (American Academy of Family Physicians). Family physicians are often reluctant to serve as expert witnesses, but I have extensive experience in this area and can help you find an expert if I am not the right one for your case.
The Role of the Expert Witness
Expert witnesses play a pivotal role in determining the outcome of both plaintiff and defense cases; therefore, selecting a highly qualified expert is essential for your client's success. I am residency-trained, board-certified, and have established a distinguished career in family medicine. As a member of the American Academy of Family Physicians (AAFP), I am uniquely positioned to serve as a family medicine expert witness. My expertise encompasses both plaintiff and defense cases, and I am readily available to discuss your case. If you require a different expert, I am pleased to offer guidance or referrals, drawing on my extensive experience and dedication to supporting your legal needs with the utmost professionalism.
Rural Family Medicine Expertise
I have a particular interest in rural family medicine, especially in emergency departments, and have published extensively on this subject. In rural settings, family physicians often provide a broad spectrum of care, sometimes serving as the community's primary providers. The American Academy of Family Physicians (AAFP) supports the essential role that family physicians play in rural and underserved areas.
Impact of Expert Testimony on Case Outcomes
Although the medical care provided in a case is the most important feature, a good expert can greatly influence the outcome. As an experienced family medicine expert witness, I can help you understand the medical aspects of your case. I have extensive experience conducting depositions and providing trial testimony, enabling juries to grasp complex medical issues. My objectivity and communication skills have helped juries resolve disputed issues in many medical malpractice cases. The jurors' final opinion often hinges on the communication skills of both attorneys and expert witnesses.
Qualities of a Strong Expert Witness
Not all expert witnesses are created equal, and some excellent physicians do not make good expert witnesses. Experts need to be able to review the facts of a case logically, without hindsight bias. Many physicians have strong credentials and extensive clinical experience, but are not skilled at depositions or "on the stand." Others may communicate well, but do not have the required professional experience. I have experience as an expert and am excellent in depositions and the courtroom. Checking for disciplinary actions, ensuring familiarity with the standard of care, and confirming the ability to communicate complex medical issues clearly to a jury are part of finding a good expert.
Key Considerations in Selecting a Family Medicine Expert Witness
What qualities distinguish an outstanding family medicine expert witness from an adequate one? There are several key considerations: (1) Residency training and board certification in family medicine, (2) Substantial experience and ongoing clinical practice, (3) Demonstrated experience as an expert witness, and (4) Congeniality, credibility, and strong communication skills.
State Laws and Specialty Requirements
Family medicine is one of the largest specialties in the US, and in FM med mal cases, it is essential to have an expert in family medicine. State laws differ regarding the requirements for expert witness testimony. In some states, the expert must closely match the defendant's practice and training, and in most states, must be in a similar specialty. Many courts also consider the proportion of time an expert spends in clinical practice versus expert witness work. Because family medicine is a core specialty in primary care, my expertise is ideal for family medicine cases in almost every state, whether representing the defense or plaintiff. If a different focus is needed, I am happy to provide recommendations for other highly qualified family medicine experts.
Scope of Family Medicine and Its Importance in Malpractice Cases
Family physicians deliver comprehensive, continuous care for patients of all ages. Their broad scope includes preventive services, chronic disease management, and initial diagnosis of diverse conditions. In malpractice cases, it is critical that a family medicine expert assesses the standard of care when a family physician is involved.
Expert Qualifications
Expert witnesses in family medicine should be residency-trained, board-certified, and have current clinical experience. In rural areas, family physicians often serve as the primary medical providers, but advanced practice providers such as physician assistants (PAs) and nurse practitioners (NPs) also play key roles. My background includes evaluating cases involving all these provider types.
Role of Advanced Practice Providers
NPs and PAs are essential members of the family medicine team and, in some rural settings, may be the sole providers. They are held to the same standard of care as physicians. My expertise includes evaluating training, supervision, and collaborative care issues that often arise in malpractice cases involving these providers.
The scope of practice for NPs and PAs varies by state, as does the required level of physician supervision. These regulatory differences, along with provider training and actual clinical roles, are central to determining liability in medical malpractice cases.
Board certification demonstrates expertise and is essential for expert witness credibility. Understanding the collaborative dynamics between physicians, NPs, and PAs is also vital in these cases. I am able to provide guidance on these issues for attorneys seeking family medicine expertise.
Selecting the Right Expert
Attorneys should select experts with current clinical experience and qualifications closely aligned to the defendant's background. I can provide direct expertise or assist in locating an appropriate family medicine expert if needed.
While local experts may be helpful, remote depositions have made it practical to use qualified experts from any location. The most important factor remains the relevance and quality of the expert's experience.
Attorneys may prefer new or seasoned experts depending on case strategy. I can assist in finding either, based on your needs.
Expert witnesses must define the standard of care, evaluate breaches, and establish causation and damages. Both plaintiff and defense cases require experts capable of addressing these elements clearly and objectively.
My Litigation Experience
My experience includes working for both plaintiffs and defendants, and I am accustomed to thorough scrutiny from opposing counsel.
Medical malpractice law is based on tort and contract law, and new experts may not be familiar with these legal foundations. Malpractice can arise from negligence, lack of consent, medical errors, breach of contract, defamation, or failure to prevent. I have more than 3 decades of experience as an expert and fully understand how medical malpractice cases unfold. Most attorneys prefer an expert with some previous experience, but if you are looking for someone new, I am happy to make referrals. Although my extensive experience can make a significant difference at deposition and in the courtroom, I never mind when attorneys request a referral.
My experience, and that of other seasoned experts, gives us a good understanding of "the rhythm" of a case. Experience provides professionalism, and this is the only way that experts learn to be effective. We make fewer mistakes at deposition and in trial, when logic and calm need to prevail. My experience in testifying for both plaintiffs and defendants makes me an excellent expert.
Selecting Effective Expert Witnesses
Avoid "hired gun" experts and those lacking courtroom experience. The ideal expert combines relevant experience with objectivity and professional demeanor.
Expert witnesses must communicate clearly, avoiding jargon and presenting information in a way that jurors understand and trust. Congeniality and credibility are essential for jury acceptance.
Look for experts who are concise, knowledgeable, and empathetic. They should be able to explain the standard of care, causation, and damages, and remain impartial under scrutiny.
Legal Standards
Expert testimony must meet federal or state admissibility standards (e.g., Daubert). Experts need independent judgment and must base opinions on accepted medical evidence, avoiding hindsight bias or unsupported conclusions.
Guidelines from Professional Societies Re. Expert Witnesses
Family medicine organizations, such as the American Academy of Family Physicians (AAFP), have established guidelines for expert witness testimony. These guidelines require expert witnesses to be actively practicing, currently licensed family physicians with relevant experience in family medicine care.
Family physicians who do not work in rural or urgent care settings may not be familiar with the nuances of these practice environments. Therefore, the guidelines emphasize evidence-based standards and the established standard of care. Personal opinions, especially when the outcome of a case is known, should be avoided unless the opinion complies with these standards. Expert witnesses should not link their compensation to the outcome of the case. Honest, evidence-based testimony regarding standards of care is emphasized.
The guidelines from the American Academy of Family Physicians (AAFP) are among the most recognized for expert witnesses. AAFP and other professional medical societies have published recommendations to ensure high standards for family medicine expert testimony.
My Unique Expertise
I am actively engaged with leaders from the American Academy of Family Physicians (AAFP) . I have expertise in health policy and staffing that could help find the perfect expert.
The AAFP has policies designed to ensure the highest-quality and most appropriate expert witness testimony. They recognize that an important element of proving medical negligence is establishing that the defendant breached a standard of care, which depends on an expert witness's opinion. They state that " physicians have an ethical responsibility to assist in the administration of justice and that it is in the best interest of the public that expert medical testimony, which is objective and impartial, be readily available. When an attorney has difficulty finding a family medicine expert, this policy (and my experience) is helpful. https://www.aafp.org/about/policies/all/physician-expert-witness.html
Expert witnesses also help educate the jury, the judge, and the attorneys, so they must be able to "translate" medical terminology into lay terms. The expert witness should possess current experience and ongoing knowledge in the area where he or she is asked to testify. So physicians who serve as expert witnesses should limit their retention as experts to cases in which they have true expertise. Expert witnesses should strive for objectivity to the extent that they would be comfortable with their testimony regardless of whether it was used by the plaintiff or defendant. When various acceptable treatment options exist or a diagnosis is difficult, experts need to be candid about this. Expert witnesses must be objective about whether a breach in the standard of care caused a poor outcome. Poor outcomes can occur independent of deviations from the standard of care, and may not cause the patient's outcome.
Ethical and Transparent Business Practices
My expert witness services are grounded in ethical, transparent, and professional business practices. Fee structures are carefully calibrated to reflect the complexity and time commitment of each case, always remaining fair and appropriate. I do not engage in contingency-based compensation or excessive contractual agreements. Attorneys are encouraged to retain experts whose business standards reflect professionalism, integrity, and compliance with legal and ethical norms.
Distinction as a Family Medicine Expert
Excellence in clinical practice does not inherently translate to excellence as an expert witness. My expertise in family medicine is complemented by extensive experience, clear communication, and a commitment to objectivity in all legal proceedings.
Please call for a CV or to discuss your client's case.