Calif-legal.com: Expert Article - Selecting A Medical Expert by Barry E. Gustin, MD, MPH, FACEP and D. Garth Sullivan, Esq.

Selecting a medical expert is the single most important decision an attorney makes when preparing a case. The impact that a physician who is knowledgeable, prepared, experienced and personable can make on a case cannot be over-estimated. However, many of these intangible qualities are simply not apparent from a C.V., nor can they be deduced from the typical, hurried phone conversation that many medical experts grudgingly provide inquiring attorneys.

Ideally, an attorney would obtain a referral to a medical expert from a trusted colleague, one who had experience with the recommended expert. However, this is not always possible given the multitude of specialties and the scheduling issues inherent in the medical profession. When a referral cannot be obtained, an attorney must then either cold call potential experts or contact a company specializing in providing medical experts.

The pitfalls of cold calling medical experts are well known to every attorney. Most doctors simply will not accept calls from attorneys no matter how many calls are made or the nature of the messages. These doctors are simply too busy, dislike attorneys or are uninterested in legal work. Hours of valuable time are wasted attempting to merely get a doctor on the phone. Once a doctor is contacted, it is virtually impossible to make an intelligent decision as to the doctor's suitability over the phone simply because very little can be ascertained during this brief encounter. While the C.V. is useful for disqualifying clearly inappropriate specialties, the C.V. does not provide the attorney with information concerning the doctor's experience in regard to the case's medical issues, the ease with which the doctor works with others, including the retaining attorney, his ability to communicate clearly to a jury, his ability to handle a withering cross-examination, his commitment to seeing the case through to completion, his level of preparation or his integrity when it comes to billing. War stories concerning the failings and billings of medical experts are legion.

Of course, there are pitfalls associated with companies specializing in providing experts, medical or otherwise. Many of these companies are simply resume clearinghouses that charge a fee for indiscriminately providing attorneys with stacks of resumes. These firms do not have staff physicians who can authoritatively evaluate the medical issues in a case or an expert's suitability. These companies do not screen the credentials, personality, litigation history, availability or billing practices of the experts referred. Obtaining C.V.s in this fashion is actually worse than cold calling experts because the attorney has now paid for the privilege of cold calling experts who may or may not be suitable.

Fortunately, not all medical legal consulting groups are clearinghouses for resumes. In the absence of a referral from a trusted attorney or physician, these companies can be extremely valuable resources for quality experts. What follows is a list of criteria that an attorney should look for when considering a medical-legal consulting group.

In-House Medical Staff
The company contacted should possess an in-house staff of physicians capable of discussing the medical issues and the appropriate medical specialties. This initial contact with a physician is crucial to obtaining a clear picture of the medical issues and selecting the appropriate specialties. Often, multiple medical specialties have been involved in a patient's care creating problems in determining who was responsible for any deviations from the standard of care. The in-house, staff physicians should be capable of analyzing the care provided and identifying those specialties associated with the key problem areas. In many cases, these specialties are not obvious to the layman. The same can be said regarding causation experts.