McKeen & Associates, PC
Call Today for a Free Consultation
866-585-1076 | 313-447-0634

Careful expert witness selection, preparation key to successful medical malpractice case, P.1

In recent posts, we looked briefly at what exactly an affidavit of merit is and the requirement a physician must meet in order to sign off on an affidavit. As we noted, physicians must meet the same requirements as an expert witness, which we briefly summarized last time.

Even though state law prescribes certain requirements for expert witnesses, courts in Michigan do have the right to bar a physician from serving as an expert witness on other grounds. A physician who is deemed not to be credible, for instance, might be barred from serving as an expert witness. 

The credibility of expert witnesses is an important issue that is highlighted by a recent ProPublica interview with a surgeon who openly admitted to lying under oath years ago in a medical malpractice case. He was asked to provide testimony in court regarding his knowledge of the quality of a fellow surgeon’s work, and testified—contrary to conscience—that he was unaware of any substandard work. Now, years later, he is admitting his perjury and warning patients about the issue of expert witness credibility.

It is somewhat ironic, of course, that the physician in the story is now retired so that he is no longer subject to professional discipline, that he is probably untouchable from a legal standpoint because of the statute of limitations on perjury, and that he may very well now be benefiting monetarily from his work in patient advocacy. Nevertheless, it certainly is true that the credibility of expert testimony is a potentially important issue in medical malpractice litigation.

In our next post, we’ll continue looking at this issue, and why it is so important to work with an experienced attorney to assess every qualification of an expert witness rather than merely his or her educational and professional competence.  

No Comments

Leave a comment
Comment Information

Consultations | No Fee Unless We Win

Email us or call us at 866-585-1076 to discuss your medical malpractice case. There is no cost, no obligation and never a fee unless we are successful. You have nothing to lose by learning your rights and options today.

Email Us for A Response

Contact the Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Detroit Office
Penobscot Building, 645 Griswold Street, Suite 4200
Detroit, MI 48226

Toll Free: 866-585-1076
Phone: 313-447-0634
Fax: 313-961-5985
Detroit Office Map

Ohio Office
315 East Main Street
Suite A
Ottawa, OH 45875

Phone: 269-220-3379
Ohio Office Map

Phone Numbers