Legal Marketplace Direct Examination Of Medical Experts

Direct Examination Of Medical Experts - Checklist

The following is a checklist used by an attorney in our office in a recent case for examining medical experts on direct.2 min read

Checklist For Direct Examination Of Medical Experts

Excerpted from Medical Malpractice, Third Edition, 25

by David M. Harney

https://www.michie.com

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Checklist for direct examination.

The following is a checklist used by an attorney in our office in a recent case for examining medical experts on direct.

Name and professional address
Profession
Where licensed
Educational background:
- a. Years of premed-where
- b. Years of medical school-where
- c. Internship-where
- d. Years of residency
  - (1) Where
  - (2) What field-explain
  - (3) Fellowship
Length of time you have practiced medicine since graduation
Special qualifications:
- a. Articles published
- b. Books written or contributed to
- c. Papers delivered-where
- d. Memberships
- e. Experience in this area
  - (1) Importance of practical experience

From training and experience generally, are you familiar with the standards of care to which medical practitioners are held regarding the facts involved in this case?
- a. Tell us whether the standard of care for the problems involved in this case is relatively uniform throughout the United States.
- b. From your training and experience are you generally familiar with what is regarded as appropriate and reasonable medical care for the type of medical problem involved here?
Have you made an effort to investigate generally the standard of care in this locality at the time of this case?
- a. Talked with physicians?
- b. Seen hospital?
- c. Practiced in similar hospitals/clinics/communities?
- d. Read dispositions of physicians familiar with this locality and case?
- e. Seen hospital manuals/rules, etc.?
- f. Had experience with similar nursing situations?
  - (1) Trained nurses regarding this kind of problem? (The test: familiarity with standard of care in locality similar in geographical location, size and character from a medical standpoint.)

What material has been provided you?
- a. Hospital records
- b. Depositions of key witnesses
- c. Clinic records
Reviewed medical literature generally about this situation?
Examined plaintiff?
- a. Dates, nature, tests
- b. Findings

Were you asked to review facts of this case and objectively determine whether there was any departure from the proper standards of medical care involved here?
Did you do that?
Have you made such a determination?
Defendants have taken your testimony under oath (deposition) previously
Understand test of reasonable medical probability in giving opinions? Whether phrase used or not?

Did you form an opinion whether the professional care rendered by [Defendant] in this case met the standard of practice for that locality at the time?
- a. What determination did you make? Note: Repeat for each defendant in case

Please explain to the jury your reasons for this opinion
- a. What was not done?
- b. What should have been done instead?

Do you have an opinion whether the care given was a contributing cause of the plaintiff's injuries?

Are there any recognized medical texts or publications in this field that support your opinions?
- a. Here see list of medical publications and ask if authoritative

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