Cross examination of the medical expert witness either during deposition or trial is a crucial step in posturing the case for settlement or flat out victory. Many doctors who serve as medical expert witnesses are not virgins at this. They have developed a skill set to handle cross examination. The first thing counsel has to do to defeat this, after thoroughly becoming prepared, of course, is to recognize such an expert witness before the examination starts.

The recognition of a professional medical expert witness is relatively easy and dictates how the examination shall proceed. Doctors who are professional and seasoned medical expert witnesses behave in a very reproducible manner. Before the deposition starts you will first notice that they are not nervous or overly polite. Many virgin experts will show signs of nervousness and tend to be quite and overly polite to all. Next the pro will act is the proper “host” if you will and offer his opposing counsel coffee, water or some other amenity. Again, the pro is trying to over compensate and show the lawyer that he is in control and familiar with the legal and social protocols of an official legal proceeding. Doctors generally want to be in charge and feel inferior when they are not. Thus their tendency is to show power and strength as soon as they can figure out how to do that. They do not have the self control to hide this. It’s part of their being. It’s part of their belief that since they are doctors they know everything. It’s what brings them down every time if counsel wisely uses this trait against them.

Once the deposition starts the professional medical expert witness will give his information to the court reporter before he is asked. Again we have the need to show knowledge and power. The pro will either appear bored when you set forth the deposition instructions. The pro may even state that there is no need to instruct. Once questioning starts the pro will again show no signs of nervousness and will forcefully answer questions. The pro, if allowed, will even attempt to take control of the deposition and steer answers away from your question and toward the friendly party.

Recognition of this professional medical expert witness is important because there are ways to depose such an expert which are completely different from the methods used to depose non-professional medical experts. The strategy for proceeding with the deposition of a professional medical expert witness is covered in our next blog.