Medical Expert Opinion

Model Instructions for Potential Medical Expert Witnesses

The following wording of instructions is offered as a template, to be modified for the particular circumstances. We recommend that the instructions be combined with carefully-crafted, forced-choice questions that the medical expert witness should address in preparing draft written expert opinion.

Please restrict your opinions to medical causation, and refrain from commenting on the standard of care of the defendant (type of specialist[s]).

Standard of Care issues will be addressed by peer expert opinion.

As far as possible, express yourself in layman’s language and explain any necessary medical terminology.

Please supplement opinions that arise from your personal professional experience with quality, referenced medical research papers (Evidence Based Medicine).

Distinguish clearly between possible and probable, giving percentages where possible.

The standard of certainty required in this civil action is "balance of probability", that is, greater than 50% likelihood.

Neither the criminal standard of "beyond reasonable doubt" nor scientific levels of proof are relevant.

While additional facts that might not be available could be desirable, we ask that you provide the best opinion you can with the information available, incomplete as it may be.

If you find yourself unsupportive of our client’s position, we ask that you restrict yourself to a verbal opinion, to conserve resources.

While not wishing to impose an unfamiliar style of expert opinion, we ask that you include the following sections in any written report:

your qualifications as an expert witness in this area of medicine;

the facts on which your opinion is based;

your opinions and structured arguments about, but not restricted to, the following issues of medical and legal causation;

a summary statement of those opinions;

references for the medical research papers cited.

Standard of Care

Equivalent model instructions to clinical specialists for expert opinion on Standard of Care are available on request.

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