Page 7 - Forensic News Journal Jan Feb 2018
P. 7

How to Choose an Expert Witness?

        job when the jurors feel             wife.”                               attorney may try the same

        comfortable enough to ask  In order to give equal                         strategy if your expert is a
        me questions before I step  time, a psychopharma-                         D.O. rather than an M.D.
        down from the witness                cologist said that Dr. X.            Get the expert’s fee sched-

        stand.                               was guilty of malprac-               ule. Don’t look for a bar-
                                             tice in his treatment of a           gain and don’t assume

        Here is an example of                man from China because               that the most expensive
        psychoanalytic jargon in             the “removal of a methyl             expert is the best. Quality
        the opinion section of a re- group from citalopram is                     psychiatric expert work

        port that could have been            principally dependent on             is labor intensive. I have
        deadly if it had gone un-            CYP 2C19 AND 3A3/4                   found that an Independent

        changed. “In my opinion,             since 20% of Asians are              Psychiatric Examination is
        Mr. Smith regressed                                                           usually costlier than re-
        to a pregenital level                                                         ports by other special-

        after he was mugged.                                                          ists. I do read all of the
        He displaced his an-                                                          records sent to me and

        ger unto his wife and                                                         spend at least 4 hours
        his internal objects.”                                                        evaluating a litigant. I
        Believe it or not, this                                                       am often surprised by

        is a direct quote from                                                        other experts who feel
        a report I reviewed                                                           that a 2-hour evalua-

        for a colleague. I            Photo Courtesy of okorieokorocha.com            tion is adequate to get
        sarcastically told him that  deficient in the former.”                    the job done. Although I
        a jury might think that              I think that you get the             do not tape interviews, I

        Mr. Smith was not only               point here and I will not            do try to get direct quotes
        mugged but also castrated!  translate it into English!                    from the interviewee. A

        The psychiatrist was actu-                                                longer evaluation is usu-
        ally trying to say that “Mr.  Request the expert’s most  ally more helpful in de-
        Smith began to have a                recent Curriculum Vitae.             tecting malingering, as

        change in his personality            Study it carefully. Is he a          well as defensiveness and
        after he was mugged. He              graduate of an American              symptom magnification by

        was angry and depressed              medical school? If he at-            the interviewee.
        because he thought that he  tended an offshore medi-
        should have tried to fight           cal school, the adversary            Check to see if the ex-

        off the attackers and he             attorney may use this                pert’s hourly fee is con-
        took his anger out on his            against you. The opposing  sistent with his training


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