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Medical Expert Testimony – The Dilemma

How is it that Medical Experts can look at the same records and offer different opinions? Medical Expert testimony by nature is subject to interpretation. Experts may often miss relevant data or misinterpret data that may result in different findings. A forensics mindset is critical to gather the facts related to the medical encounter as well as develop a comprehensive timeline and history. As a matter of practice, the expert witness compares the applicable standard of care with the facts of the case and interpret whether the evidence indicates a deviation. There are best practices to consider:

1. Determine the question (s) to be answered

2. Establish the scope & boundaries of the services

3. Review the records to build a detailed timeline of the case

4. Request additional records that can help fill potential ‘holes’

5. Consider hypotheticals or other contrarian views

6. Research the data

7. Base opinions of facts & render findings based on scientific and objective data

The interests of the clients and community are best served when scientifically sound and unbiased testimony is produced.

Dr. Markus L. Forsythe with Experte Medical is a practicing Emergency Room Physician with over 20-year experience. Currently licensed in NV, WA & OR, he also specializes in Wound Care Medicine, Laser & Aesthetic Medicine & High-Altitude Medicine. He has consulted in legal matters involving medical negligence, malpractice and breach of care cases. Email us at