Client Testimonials

Constantly Helps Those Around Him

John is knowledgeable and experienced but more than that he is a good human. He helps those around him on a consist basis, offering lawyers advice, giving of himself and his office.…...Read More

A Top Notch Choice For Legal Representation

I have owed Attorney Fisher this 5 star review for some time now and am finally getting to it. I am a young Attorney in CT and I learned about Attorney Fisher…...Read More

Knowledgable, Compassionate, and Caring

I recently contacted Attorney Fisher to discuss a potential medical malpractice claim. Like most when calling an Attorney I had hundreds of questions and needed answers. Attorney Fisher was both kind and…...Read More

A Gift To Other Attorneys

What thorough, practical, real world, business development information he has provided for you in his books entitled The Power of a System and The Law Firm of Your Dreams. He really gets…...Read More

No Other Attorney I Would Rather Work With

John Fisher is extremely knowledgeable and an incredible person. There is no other attorney I would rather work with, or trust to handle something as important as a medical malpractice case....Read More

Expert Witnesses In Medical Malpractice Cases

Laws

An expert witness reply is when each side notifies the other side about what experts have been retained to testify at the trial. For example, when the plaintiff has hired a medical expert so he or she can testify at the trial, the plaintiff is required to provide written notice, or a 3101(d) reply to the defense. This is required under the New York Civil Practice Laws and Rules § 3101(d).

There is specific information that the attorney will need to provide in the expert witness reply. The doctor’s credentials will need to be provided, including where the doctor attended medical school, where he or she did post-graduate training, whether the doctor is currently licensed to practice medicine in New York, and whether the doctor has board certification to practice medicine in a particular field. Additionally, the opposing side will need sufficient information regarding what the experts will be talking about at the time of trial. It is also very important that the other side be told the basis by which the doctor reached the opinions and conclusions that will be presented at trial. In most cases, the attorney will say that the conclusions of the expert witness were based on medical records, pretrial testimony, and testimony at the time of trial.

The attorney, however, is not required to tell the opposing party the names of their medical experts, even though opposing party could search it. Knowing who the medical expert is allows the attorney to find transcripts of testimonies the doctor has previously given. This information could reveal contradictions between past testimonies and the testimony to be given at trial.

Once the expert witness reply is received, then both sides will be able to make an investigation about the witnesses. They will need to determine who the expert is, whether they had given testimonies in the past that contain contradicting information, and uncover personal information that may hurt their credibility. The information in the reply can contain information that may either help the other side prepare an answer or defense regarding the content of the expert’s testimony.

But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.