Medical Expert Opinion

Causation
 
Model Instructions for Potential Medical Expert Witnesses
 
The following wording of instructions is offered as a template, to be modified for the particular circumstances.  We recommend that the instructions be combined with carefully-crafted, forced-choice questions that the medical expert witness should address in preparing draft written expert opinion. 
As far as possible, express yourself in laymanís language and explain any necessary medical terminology.

Please supplement opinions that arise from your personal professional experience with quality, referenced medical research papers (Evidence Based Medicine).

Distinguish clearly between possible and probable, giving percentages where possible.

The standard of certainty required in this civil action is "balance of probability", that is, greater than 50% likelihood.

Neither the criminal standard of "beyond reasonable doubt" nor scientific levels of proof are relevant.
While additional facts that might not be available could be desirable, we ask that you provide the best opinion you can with the information available, incomplete as it may be.

If you find yourself unsupportive of our clientís position, we ask that you restrict yourself to a verbal opinion, to conserve resources.

While not wishing to impose an unfamiliar style of expert opinion, we ask that you include the following sections in any written report:
Standard of Care
  
Equivalent model instructions to clinical specialists for expert opinion on Standard of Care are available on request. 


Medical Litigation Consultants