I was contacted today by a physician who claimed to do expert witness work for injured victims. He wanted some business. I asked him what his medical speciality was. Instead of a direct answer, he said he'd done consulting for attorneys before, and that if I want, I should go to his website to see what he has done.

I said "No. Tell me what your medical specialty is."
His reply- "Research."
"Are you board certified in any field of medicine?"
"No, but I help attorneys understand their case, and I don't have to be board certified to testify."
I asked, "How can you testify as a credible expert witness if you're not board certified?"
His response: "I do this all the time. I don't really testify. I help explain the case to you so you become more familiar with the medicine."
"What types of cases do you review?" I asked incredulously. "Surgery, pulmonary, cardiac, cancer..." was his reply.

I was amazed.

I then asked why I should hire him, and then have to hire a second expert to testify at trial? I only heard silence on the phone.
I asked again.
"Why should I hire two medical experts; one who reviews the case, and another who testifies?"
His reply was "Because I'm a better teacher."

"But wait," I said. "You still haven't answered my question."
"If I hire a medical expert to spend 5 hours to review medical records, and that expert feels the case has merit, I don't want to hire another expert two years later to review the case starting fresh, and close in time to the trial. That's double the work, and double the money. What do you have to say about that?"

He had no answer.
"But I'm a better teacher," he repeated.
"So are many of the experts I hire. They're clinical doctors with academic credentials who are board certified," I said.
I was getting frustrated talking with this guy.
"What good does it do for my client if you're a good teacher, but you can't come into court to teach a jury that our position is more likely right than wrong?"
His final answer was "I've been doing this for a long time, and you really should see my website."
My final reply was "Have a nice day."

The moral of the story: Don't let your medical malpractice attorney hire a "medical consultant" who does not testify, just to confirm you have a case, and then have to hire a new medical expert during your case. Make sure you hire a board certified expert in the specialty you need to review and to testify."
Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer
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Un Diagnosed 12/30/2011 08:14 PM
I just read abt why not to hire a medical expert-bc I was looking for one. lol! You are so right! I need to hire an attorney instead! Thanks for setting me straight bc I am desperate so wasn't thinkin abt that. I wish I could hire you-I am in CA-bc I have an MRI & the images do not match the report. Therefore I am not diagnosed! 3 Drs won't look at the images that CLEARLY show White Spots, Large Black Holes & a CRACK that thru one side of my BRAIN for layer after layers! YES, a CRACK in the Left side of my brain-wasn't there in prev MRIs nor were the Black holes! Thanks for the info abt hiring a Medical Expert-on my own. Any ideas for me? Please help if you can bc that Brain damage has happened in span of abt 20 mths-I need help & fast!
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