Nurse Practitioners and expert witness experience

platon20 · Apr 14, 2006

How many have been an expert witness in a medical malpractice case? Can you give me a little info regarding your experience and/or expertise that entitiles you to be an expert witness.
I am a medical legal consultant and wonder how many CLNC's are doing this full time.

All states require that testimony in malpractice cases come from a physician. Furthermore, it has to be in teh same specialty as the doctor. For example, if you are sueing a neurosurgeon you cant have a family practice doc testify against him.

Where NPs are utilized is the initial screen. Many NPs work at law firms where they screen cases for malpractice. If the NP thinks that malpractice occurred, then the lawyer will hire a medical doctor to go over the case as well. If the medical doctor agrees with the NP, then the lawyer will hire the MD as an expert witness and the MD will do the testifying in court.

elkpark · Apr 14, 2006

All states require that testimony in malpractice cases come from a physician. Furthermore, it has to be in teh same specialty as the doctor. For example, if you are sueing a neurosurgeon you cant have a family practice doc testify against him.

That rule applies to cases where the defendant is a physician; e.g., just as a nurse would never be called as an expert witness to testify against a physician, physicians do not qualify as expert witnesses to testify against nurses. So, NPs could serve as expert witnesses in cases where an NP is the defendant (I have no idea how often or rarely NPs get sued ...), and might even be able to testify in cases involving "regular" RNs in the same specialty (I'm not sure about that).

Professionals who serve as expert witnesses, in addition to practicing in the same discipline and specialty as the defendant, typically have more than the "bare minimum" of recognized credentials in their field and significant clinical experience, but I'm not aware that there are any specific requirements. The term "expert witness" is somewhat intimidating; obviously, the more your credentials and CV would dazzle and impress a jury, the better (from the point of view of the attorney who is calling you as a witnesss), but you don't have to be THE TOP PERSON IN THE COUNTRY in your field, or anything like that -- just a competent, experienced, respected practitioner (with no professional skeletons in your own closet that could be used to challenge your testimony! :))

platon20 · Apr 14, 2006

That rule applies to cases where the defendant is a physician; e.g., just as a nurse would never be called as an expert witness to testify against a physician, physicians do not qualify as expert witnesses to testify against nurses. So, NPs could serve as expert witnesses in cases where an NP is the defendant (I have no idea how often or rarely NPs get sued ...), and might even be able to testify in cases involving "regular" RNs in the same specialty (I'm not sure about that).
Professionals who serve as expert witnesses, in addition to practicing in the same discipline and specialty as the defendant, typically have more than the "bare minimum" of recognized credentials in their field and significant clinical experience, but I'm not aware that there are any specific requirements. The term "expert witness" is somewhat intimidating; obviously, the more your credentials and CV would dazzle and impress a jury, the better (from the point of view of the attorney who is calling you as a witnesss), but you don't have to be THE TOP PERSON IN THE COUNTRY in your field, or anything like that -- just a competent, experienced, respected practitioner (with no professional skeletons in your own closet that could be used to challenge your testimony! :))

Thats true, but NPs are almost never sued. If an NP screws up, its almost always the hospital that gets sued, not the NP.

NPs dont have big pockets like the physicians do.

But yes, if an NP gets sued, then only an NP can testify against them