Considering an Expert for Medical Malpractice Cases
Before retaining vocational, life care planning, or economic experts in a medical malpractice case, confirm standard-of-care and causation positions and identify the damages categories likely to require quantification.
Checklist
- Confirm standard-of-care expert opinion
- Confirm causation expert opinion
- Identify damages categories (earning capacity, future care, household services)
- Identify whether incremental-harm analysis is required
- Budget for expert fees across records review, reports, and testimony
Questions to ask the expert
- What vocational or life care planning expertise is needed for this injury profile?
- Will incremental-harm analysis require coordination across multiple experts?
- What is the expected timeline from retention to report?
Timeline
Typically 2-4 weeks between first considering retention and executing engagement letters, depending on expert availability.
Required documents
- Preliminary medical records summary
- Standard-of-care and causation expert draft opinions
- Claimant's employment and educational background
Common pitfalls
- Retaining before causation is clear, wasting expert fees on speculative scope
- Missing the FCE or neuropsychological evaluation window
- Underestimating the incremental-harm analysis complexity
Frequently Asked Questions
How early should I start considering expert retention?
As soon as standard-of-care and causation theories are articulated. Early consideration preserves flexibility in expert selection.
References
- Federal Rules of Evidence (Cornell LII)Government
Ready to Get Started on medical malpractice cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.