Retaining an Expert for Medical Malpractice Cases
Retaining a vocational, life care planning, or forensic economic expert in a medical malpractice matter requires early coordination with standard-of-care and causation experts. The retained expert should be briefed on the alleged breach, the but-for baseline, and the incremental injury attributable to the breach so that vocational, life-care, and economic opinions are properly scoped.
Checklist
- Confirm the case theory (alleged breach and causation) before expert retention
- Send the engagement letter outlining scope, hourly rate, retainer, and deliverables
- Provide all medical records, imaging, and prior expert reports
- Coordinate with standard-of-care and causation experts to align scope
- Schedule an initial conference to discuss methodology and deliverable timeline
- Confirm deposition and trial dates as early as possible to preserve expert availability
Questions to ask the expert
- What is your credentialing and prior testimony history in medical malpractice cases?
- How will you isolate incremental harm from baseline medical needs?
- What peer-reviewed literature supports your methodology in this case type?
- How do you coordinate with physician experts on causation-dependent conclusions?
- What is your admissibility history and have you ever been excluded?
Timeline
Typical engagement from retention to report: typically 30 to 60 days from receipt of complete records, longer when records volume or an in-person evaluation requires it. Deposition follows the report on the case calendar, and trial testimony follows the court's calendar.
Required documents
- Complete certified medical records (pre- and post-event)
- Imaging, pathology, and lab results
- Treating provider depositions (if available)
- Standard-of-care expert reports
- Causation expert reports
- Claimant's employment history, tax returns, W-2s
- Prior vocational testing (if any)
Common pitfalls
- Retaining too late and truncating the records review period
- Scope ambiguity between the vocational expert, life care planner, and economist
- Failing to isolate incremental harm from baseline care
- Overlapping or conflicting opinions among retained experts
Frequently Asked Questions
Do I need all three (vocational, life care planner, economist) on a med mal case?
Not always. Catastrophic outcomes typically benefit from the full combination; less severe injuries may only require one or two.
Who coordinates between the retained experts?
Retaining counsel coordinates, though KWVRS can set up inter-expert communication protocols when engaged for multiple services on the same case.
References
- Federal Rules of Evidence (Cornell LII)Government
- AHRQ - Patient Safety ResourcesGovernment
Ready to Get Started on medical malpractice cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.