-- The consultant expert works with the legal team on either side of a lawsuit to analyze, research, and report the salient facts of the case.
-- The anesthesia consulting expert should be included from the inception of the case.
-- The consultant is an educator, explaining the medical aspects of the case in terms the legal team can readily understand.
-- The consultant may provide oral or written reports to help guide the legal team in navigating the case.
While laws may vary, the work of the consulting
expert is generally considered attorney's work product and is non-discoverable.
"Parties are not required to identify experts acting solely as consulting or
non-testifying experts. Their identities, reports, and facts known or opinions
held are discoverable only under exceptional circumstances. These circumstances
are generally identified as situations under which it is impracticable for the
party seeing discovery to obtain the facts of opinions on the same subject by
any other means" Federal Rules of Civil Procedure 26(b)(4)(B).
-- Anesthesia malpractice cases, or other medical malpractice cases which include aspects of anesthesia, may require testimony from practitioners in the field.
-- The testifying expert’s job is to facilitate the attorney’s, court’s, and jury’s understanding of the medical procedures and issues, and explain them in understandable terms.
-- The testifying expert, or "expert witness", may also offer an opinion regarding the standard of care and whether it was or was not met.
ANESTHESIA CONSULTING will handle cases for the plaintiff or the defense. Whether you are the plaintiff or defendant our fees are based strictly on the time spent analyzing the case, preparing reports and exhibits, and appearing on your behalf. Under no circumstances will fees be contingent on the outcome of the case.
Home