Attacking the expert for bias

I feel that the collateral information about an expert which indicates bias is more important in cross examination then the issue involved. If you can show a lack of credibility then the opinions of the expert have little weight with the jury. Here’s a simple check list of reminders to ask at the time of the deposition for you to consider

ADVERTISING FOR WORK

  • How became involved in this case
  • Does advertising for work
  • Belongs to expert witness group
  • Any past connection defense firm
  • Any past connection defendants

EXPERIENCE AS EXPERT

  • How long acted as expert
  • Experience – frequency:

               a. cases reviewed
               b. reports written
              c.  depositions given
              d.  times testified

  • what states testified in
  • What percentages for  plaintiff vs defendant

FEES CHARGED

  • For review
  • For deposition
  • For testimony

INCOME FROM EXPERT WORK

  • Highest fee ever earned in one case?
  • Income last year from expert work
  • Average annual income from expert work
  • TORT REFORM ACTIVITY

    • What political activity
    • Letters or emails to paper, media or legislators
    • Contributions made
    • Literature in his office about it

    WITNESS CONSULTANT

    • Any consultations with non lawyer re being witness
    • Videos watched or information given

    KNOWLEDGE ABOUT LOCAL MEDICAL STANDARDS

    DEFINITIONS USED IN ARRIVING AT OPINIONS

    What is your definition of these terms as it applies to your opinions here:

    • Medical negligence
    • Malpractice
    • Medical standard of care
    • Reasonable medical certainty
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