We provide value by assisting in the development of cross-examination strategies and questions. Effective cross-examination of physicians is most successful when there is the combined effort of experienced lawyers and physician consultants.
It is difficult for an attorney to effectively challenge a physician about medical and impairment issues, because this is not the focus of the attorney’s training. If roles were reversed and a physician were going to challenge an attorney on the law, the only way this could be successful is if that physician consulted with another attorney. Thus, it is very beneficial to involve a physician who is knowledgeable of the issues associated with a case and how to structure the cross-examination.
We work in conjunction with the attorney and perform the following steps:
- Review and analyze medical documents pertinent to the cross-examination.
- Research the physicians being challenged, including web-based search and obtaining a Preliminary Screen from Expert Witness Profiler.
- Develop a summary of the key issues and potential goals; this information is provided to the referring attorney for review and feedback.
- Develop specific cross-examination strategies and lines of questioning (with probable closed-ended answers, typically yes or no), with careful consideration of sequencing and wording to achieve desired goals. This is provide to you as a Word document so you are able to edit.
- Provide applicable background material that may relate to the case and/or the physician being challenged.
- Meet with referring legal counsel in a video conference, with optional screen sharing, to review documents.
- Review transcript of deposition or testimony, provide feedback, and discuss applicable next steps.