Expert Witness Blog

In Defense Medical Expert: Turning the Defense Advocate Into the Plaintiff's Witness, R. Rex Paris advises on the cross-examination of a defense doctor. Paris writes that often the defense medical expert witness creates a "mountain of rubbish" which mesmerizes the jury. Because jurors do not have the benefit of court experience, they often become confused about the severity and/or cause of the client's injuries.

The simplest way to handle this problem is by subpoenaing the defense doctor and calling them as an adverse witness. Any designated expert whose deposition was taken can be called as a witness by any party. (You have to pay them but it is worth it.)... It is essential that the defense doctor be discredited before the jury becomes convinced of their infallibility. In order to diffuse the defense doctor's testimony, we must first recognize that we are afraid of the expert. We know that if the jury believes the defense expert, the best we can hope for is a lower verdict.