The Role of the Medical Expert
1. Overview
2. Medical Defence
3. Medical Screening- the Legal Medicine Specialist
4. Expert Opinion- the Clinical Specialty Physician
5. Conclusion

Medical Defence
Practice Points
1. Philosophy of the players
(a) Defence
(b) Plaintiff Client
(c) Your own Motivations
2. A Litigation Minefield
3. Sobering Statistics
4. Economic Asymmetry
5. Hired Gun versus Friend of the Court

Medical Screening- the Legal Medicine Specialist
Practice Points
1. Escalating for Economy
(a) Strengths of the Clinical Generalist
(b) Resource versus Trial Physician
(1) Privileged communication
(2) Closure
  2. Standards of Care
(a) Academic Writings Versus Community Standards
 (b) Disclosure Standards
    (1) Communication Problems
(2) "He Said, She Said"
(3) Hindsight not Permitted
(c) Clinical Practice Guidelines
3.  Causation
  (a) A Medicolegal Quagmire
(b) Natural History of the Untreated Disease
(c)  Diagnostic Error or Delay
(1) Benefits of Treatment Unproven
(2) Magnitude of Delay
(3) Prognosis not Altered
(d) "So What?" Defence
  4. Quantum of Damages
 (a) What Would not have been different
 5. Medical Research
 (a)   Evidence-Based Medicine


Weakest Link First
7. Litigation Strategy
8. Questions for Medical Expert Opinion
(a) Medically crafted
(b) Forced-choice
(c) Causation
9. Questions for Examinations for Discovery

Expert Opinion - the Clinical Specialty Physician
Practice Points
1. When to retain the specialty physician
(a) Your client's decision
(b) Preliminary steps
2. What expert to retain
(a) Standard of Care or Causation
(b) Underqualified or Overqualified
(c) Academic or Community Physician
3. How to locate the expert  
(a) Networking
(b) Electronic Database
(c) MedLine
(d)   Quicklaw
4. The first contact
(a) Establish the ground rules
(b)   Conflicts
5. Documentation to the expert
6. Preliminary Report
(a) Format
(b) Reference Material
(c) Opinions
(1) Legal versus Medical Issues
(2) Detailed Questionnaire
7. Using the Expert
(a) Initial Opinion
(b) Pleadings
(c) Discovery
(1) Preparation
(2) Review Defendant's Transcript
(3) Proceeding to trial
(d) Trial Preparations
(e) Testimony
(f) At Trial


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