A practical guide from a physician with 24 years of expert witness experience and 800+ case reviews
By Kenny Stein, MD (Guest Blog)
I have practiced Emergency Medicine and Critical Care Medicine for 27 years. As a medical expert witness for 24 years, I have reviewed more than 800 cases and testified more than 300 times.
In that time, I have seen what separates a productive attorney–expert relationship from a frustrating one. The difference almost always comes down to preparation, communication, and mutual expectations.
The following 14 steps are practical strategies attorneys can use to get stronger, more efficient, and more defensible work from their medical expert witnesses.
Before Filing
1. Have the case reviewed by a medical expert before filing.
A pre-filing merit screen can save significant time and money. An experienced expert can identify early whether the medicine supports the theory of the case — before resources are committed.
2. Clarify the assignment from the start.
Define exactly what you are asking the expert to do. Are you requesting an opinion on standard of care, causation, prognosis, or something else? Ambiguity early creates problems later.
Records and Scope
3. Provide well-organized medical records.
Experts review records more efficiently when they are complete and organized. Many experts prefer records in digital, Optical Character Recognition (OCR)-enabled PDF format, in color when possible, with bookmarks and an index that includes page or Bates numbers.
4. Identify the specific dates or events in question.
Focusing the expert on the relevant timeframe avoids unnecessary hours spent reviewing unrelated records and keeps costs down.
5. Confirm the records are complete.
Ask the expert to identify any missing records or gaps that may affect their opinion. Incomplete records discovered late in a case can create avoidable problems.
6. Ask what additional information the expert needs.
An experienced medical expert can often identify supplemental materials — additional records, audit trails, ESI, literature, or imaging — that would strengthen the foundation of their opinion.
Timeline and Logistics
7. Define deadlines and time constraints upfront.
Share report deadlines, deposition timelines, and trial dates as soon as possible. Experts are juggling multiple commitments and need adequate lead time to produce thorough, well-supported work.
8. Request a time estimate for each task.
Ask the expert to provide an anticipated number of hours for record review, report preparation, and any anticipated calls or meetings. This supports budget planning and reduces invoice surprises.
Legal Standards and Expert Opinions
9. Inform the expert of the applicable legal standards.
Clarify jurisdictional rules, including how standard of care and causation are defined in the relevant venue.
10. Expect objective and candid opinions.
An effective medical expert witness will give you an honest assessment — even when that assessment does not support your initial theory. An expert willing to tell you the medicine does not support the case saves you from a costly mistake.
11. Confirm that the expert will reassess opinions if new materials emerge.
New records, depositions, or interrogatory responses may affect prior opinions. Establish from the start that the expert will review new materials and update their opinion if warranted.
12. Do not ask for agreement before the review is complete.
An objective expert should not commit to alignment with your case description before reviewing the records. Asking for that commitment — or selecting only experts who provide it — undermines the credibility that makes expert testimony valuable.
Communication and Preparation
13. Use video meetings when possible.
Complex medical concepts are often easier to explain — and for attorneys to understand — when discussed visually. Video meetings allow experts to share imaging, diagrams, or records in real time.
14. Schedule preparation meetings well in advance.
Meet with your expert at least several days before a deposition or trial. Use that time to review key issues and anticipate difficult questions. Last-minute preparation sessions rarely produce the best results.
The attorney–expert relationship works best when both sides treat it as a collaboration built on honesty and preparation. Attorneys who invest in clear communication and realistic expectations consistently get stronger opinions, better testimony, and fewer surprises at trial.
About the Author
Kenny Stein, MD is a triple board-certified physician in Emergency Medicine, Neurocritical Care, and Internal Medicine. He has reviewed more than 800 cases and testified more than 300 times over a 24-year expert witness career. Dr. Stein has served as an Assistant Professor at Saint Louis University School of Medicine and consults for medical device and pharmaceutical corporations.
Connect with Dr. Stein:
Email: [email protected]
Website: ER-MD.com
Mobile: 314-495-7009
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect those of High Rock Experts®. This content is for educational and informational purposes only and does not constitute medical or legal advice.