Deposition & Courtroom Testimony: How to Survive and Thrive

2012 Professional Development Resources | http://www.pdresources.org | email: ceinfo@pdresources.org

Title of Course: Deposition & Courtroom Testimony: How to Survive and Thrive CE Credit: 2 Hours Learning Level: Introductory Author: Bill Asenjo, PhD, CRC Abstract:
This course is designed for healthcare professionals who may be involved in litigation in the capacity of expert witness. The material outlines skills necessary to be an expert witness, identifies tactics commonly employed by cross-examining attorneys, suggests methods for enhancing professional credibility and provides detailed strategies for dealing with the rigors of cross-examination. Also included are recommendations for effective courtroom presentation as well as summaries of several classic court cases dealing with the admissibility of expert testimony.

Learning Objectives:
1. 2. 3. 4. 5. 6. Identify the traits and qualifications needed by professionals in order to provide expert testimony Name common traps and pitfalls to avoid when delivering an expert opinion List common cross examination questions regarding an expert witness qualifications and credibility Give examples of methods for countering questioning tactics used by opposing attorneys List eight strategies for communicating effectively with jurors Identify four court cases that have influenced the accessibility of expert testimony in court proceedings

2012 Professional Development Resources | http://www.pdresources.org | email: ceinfo@pdresources.org

Deposition & Courtroom Testimony: How to Survive and Thrive

Introduction
If youre reading this you are most likely a healthcare professional who has been, or may be, involved in litigation as an expert witness. A common misnomer about those who testify suggests that such individuals must possess years of experience in their field, as well as extensive legal and courtroom experience. In fact, there are those who do have such a background. But that is not always the case; after all, everyone has a first case. Ideally, this course will provide a foundation of knowledge. Why are healthcare professionals requested to serve as expert witnesses? There are five general reasons for bringing an expert witness into a case: 1. An expert witness is required by law. In most jurisdictions, expert testimony is required in cases involving a professionals negligence (malpractice). An expert may be required to help the judge and jury understand whether the professional breached the required standard of care. 2. The case involves complex or technological issues beyond the training and experience of the ordinary person. 3. The jury requires the assistance of an expert opinion. 4. The opposing side has retained expert testimony that must be disputed. 5. An attorney believes that expert testimony may help her/him win the case. Why would any healthcare professional want to be an expert witness? There are many reasons why a healthcare professional would want to be an expert witness, but perhaps the most common reasons are as follows: 1. Capitalize on your years of experience and/or education. Serving as a litigation consultant or expert witness is yet another way to be involved in your field. 2. Enable you to develop a sideline that could flourish into a career, for example, as a post-retirement endeavor. 3. Increase your consulting practice, as well as your professional prestige. Think about it in terms of intriguing cocktail party chatter: Question: And what do you do? Reply: Well, Im a litigation consultant. Attorneys retain me to consult in cases and provide expert witness testimony during trial. 4. Experience the excitement, drama and challenge involved in matters impacting lives, large sums of money, and possibly, the course of history. 5. Contribute to justice being served by helping people, and contributing to society. 6. Explore emerging topics on which to read, study, research and write possibly laying the foundation for articles, books and lectures. 7. Generate additional income. Expert witness work pays well without requiring an inventory, investment or expensive overhead (many experts work out of their homes or established offices.) Experts charge as modestly as $50 per hour, or as much as $500 or more per hour, as well as thousands of dollars per day plus expenses to testify out of town. 2012 Professional Development Resources | http://www.pdresources.org | email: ceinfo@pdresources.org

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2012 Professional Development Resources | http://www.pdresources.org | email: ceinfo@pdresources.org