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<i>Voir Dire</i> of Expert Witnesses
The use of expert testimony is essential in almost all medical malpractice cases. In order to survive summary judgment or directed verdict, the plaintiff must usually submit expert testimony relating to the proper standard of care as well as causation. In most states, in the absence of res ipsa loquitur, the proper medical standard of care must be established by an expert from the medical community and not by a lay witness. Because of the complexity of most medical practice cases, it is often impossible for the fact finders to intelligently evaluate the facts without the application of expert knowledge.
In a jury trial, the jury will customarily compare opposing experts to make an initial determination as to which expert to believe and how much weight to assign to the testimony of each. One of the primary ways in which jurors decide which expert to believe is a comparison of qualifications.
Because experts are critical in determining the applicable medical standard of care, excluding or limiting an opposing party's expert testimony can often make or break a case. Although exclusion is uncommon, a good trial attorney should always consider ways in which to effectively cross-examine an opposing party's expert on his or her qualifications. At best, an attack on an opposing expert's qualifications may completely preclude him or her from testifying as an expert. If exclusion is not an option, it may be possible to limit the areas in which the expert is permitted to testify. An attack on an opposing expert's qualifications may also, even if the expert is qualified, serve to discredit the expert's testimony and to convince the jurors that they should not give the expert's testimony great weight.
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