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Ensuring expert witness testimony is admissible

If you have been the victim of what you believe to be negligence on the part of a doctor and/or the Queens facility in which he or she practices, you may be contemplating initiating legal action. Like many who come to us here at Futterman, Sirotkin and Seinfeld, LLP, however, you may be concerned that your lack of medical knowledge will undermine your claim. Not to worry; state law allows you to call in an expert witness to testify on your behalf.

In cases involving alleged medical malpractice, an expert may be a doctor or clinician who, after examining you, disagreed with another doctor’s diagnosis or found errors in his or her work. If that doctor agrees, you may call him or her in as an expert witness, yet certain protocols may need to be followed in order his or her testimony to be admissible.

According to the New York State Bar Association, the general guidelines for expert witness disclosure require you to share the following information:

  •          Your expert’s identity.
  •          His or her qualifications.
  •          A detailed summary of the matters, opinions and facts he or she will be addressing.

However, you only need to disclose this information if the defendant in your case asks for it. In medical malpractice cases, you also do not need to provide your expert’s identity. This may help assuage any concerns he or she may have about it getting out that he or she plans to testify. Finally, you only to disclose the information if you plan to call in the expert to testify at trial, meaning it is not necessary if he or she is simply lending his or her expertise to the development of your claim.

More information on preparing a medical malpractice claim can be found here on our site. 

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