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The first installment of this article discussed how facts and opinions are not the only things a jury considers in deciding the outcome of a medical malpractice case; jurors also pay close attention to large and small gaffes that may show an expert is biased. How can you best exploit these lapses when showing that the other side's experts are less reliable than they might appear?
Reviewing the Materials
When you review the expert's opinion and decide what he or she has done to create credibility issues, focus your attention in discovery on exposing these problems. To exploit an expert's credibility problem stemming from a faulty factual analysis, you must establish at the outset of a deposition exactly what he reviewed prior to forming the opinions set forth in his report, and what facts the expert considered important to his analysis.
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