When the pandemic prevented Catherine Hannan, MD, from performing elective surgical procedures, she started reviewing cases as an expert medical witness. The legal counsel on her first case found Hannan through LinkedIn and hired her to review a case involving a nursing home patient with pressure sores.
Hannan, a board-certified plastic surgeon in Washington, DC, with extensive experience in wound care, agreed to review the case. It was her first experience as an expert witness.
“I found the work interesting,” she recalled. “The same firm called me a few months later [with another case] and then I added ‘expert witness’ to my LinkedIn profile, and it grew from there.”
Comprehensive data on the use of expert witnesses are scant. Past research found that expert witnesses were used in almost 8 out of 10 trials in the US, and specialist surveys have shown that 24% of internal medicine physicians had provided case reviews or witness testimonies.
Stepping into the expert witness role is about more than medical knowledge and supplemental income; it requires understanding the rules and ethics involved in providing expert opinions and balancing legal reviews with clinical practice. But for physicians who want to add “expert witness” to their resumes, it can be a lucrative side hustle with the current average fee for testifying at trial hitting $550 per hour, and 64% of experts have raised their rates in the past 5 years.
About Medscape Insights
Medscape continually surveys physicians and other medical professionals about key practice challenges and current issues, creating high-impact analyses. For example, the 10 Top Part-Time Jobs for Physicians 2024 found that expert medical witnessesAre typically employed by legal firms and insurance companies
Charge between $500 and $2000 per hour
Can bill either on a retainer or a flat fee per case
From the Clinic to the Courtroom
In 2017, Elisha Peterson, MD, a board-certified anesthesiologist and pain medicine specialist in Washington, DC, received an email asking for her opinion on a pediatric pain case. Since then, she has served as an expert witness on multiple cases. Her role involves reviewing the case and forming an opinion on whether the standard of care was met, and if the case proceeds, she participates in a deposition and answers questions from the opposing counsel. So far, Peterson has not had a case go to trial.
Peterson loves the challenge of serving as an expert witness.
“Many of us [are doctors] because we love solving problems,” she said. “When we are able to use our clinical knowledge outside of the direct patient care setting, we’re going to find more satisfaction when we do return to patient care because we see how applicable [our clinical knowledge] is outside of the hospital.”
Hannan works on an average of six cases per year, reviewing patient charts and preparing objective written summaries and opinions based on evidence in the files.
“There are certain things to look for: Did the surgeon ask the right questions of the patient [and] perform a good evaluation? Was the patient adequately informed about what could go wrong [during the procedure]?” Hannan tells Medscape Medical News. “We can’t prevent all complications…but the thing that typically leads to these cases is how does the physician respond?”
Expert witnesses have an essential role in legal cases, providing information to interpret complex issues. In fact, attorneys often reach out to physicians for expert insight before deciding to take a case, according to Peterson. It’s a responsibility that physicians must take seriously.
Understanding the Ethics
Expert witnesses are hired to provide opinions or testimony in support of either the defense or prosecution, but physicians are still expected to be independent and impartial and provide opinions that are grounded in evidence. The American Medical Association published ethical guidelines for expert witnesses stressing that financial compensation should not influence their testimonies.
Several professional organizations have also published statements related to physicians serving as expert witnesses. The American College of Surgeons released a statement noting that expert witnesses must have “a current, valid, and unrestricted state license to practice medicine at the time of the alleged occurrence.” Even in the absence of legislation or professional standards, it can be problematic to make this work more than a side hustle.
“There are some people who could turn this into a full-time career, and it seems like they are less credible because they’re not actively practicing medicine, so they’re theoretically less experienced in the day-to-day of patient care,” Hannan said. “But they’re also seeing this as their main source of income, and that’s not looked upon well in the legal community.”
Hannan maintains her practice as a plastic surgeon and fits in work as an expert witness on evenings and weekends. The legal process is often slow-moving, Peterson added, allowing her to work at her own pace and maintain a clinical practice.
Physicians must also be mindful of potential conflicts of interest. Peterson has been hired by the prosecution and the defense, but she will not take cases when she knows the physician or is connected to the healthcare facility involved in litigation.
Working as a Witness
Some physicians, including Hannan and Peterson, receive unsolicited invitations to serve as expert witnesses based on their clinical experience while others pursue these opportunities, listing their names in directories such as Expert iQ or Seak. Attorneys also share referrals for expert witnesses.
Peterson stresses the importance of knowing the average rates for expert witnesses and insists on having signed agreements with attorneys before reviewing case files or providing opinions to ensure fair compensation for their time.
“We as physicians don’t recognize how valuable our skills are because we’re so browbeaten with the administration saying, ‘See more patients, go, go, go…’” she said. “I would strongly encourage physicians to look at doing this work. It’s leveraging your clinical skills outside of the hospital and…is a beautiful reminder that your skills are valuable.”
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.