Testifying Tips for Medical Professionals
 The Law Office of Fein, Flynn & Associates, located in Tucson, Arizona relies heavily on the assistance of medical professionals in providing expert testimony on behalf of our clients. We have prepared the following information as a resource for our colleagues in the medical profession who serve as qualified, medical experts during personal injury trials.
The first informational item consists of the elements that are necessary in preparing a medical narrative report that may serve as an exhibit during the course of a trial. The subsequent item will consist of "Tips on Testifying."
We hope that these pages will serve as a resource as you begin your preparation for serving as a medical expert in a legal proceeding. If we can provide you with any further assistance, please contact us by either following this link, or by calling our convenient toll-free number.
Outline of Medical Narrative Report
- I. Obtain Complete History from Patient
- a. Describe circumstances of accident (Seat belt issues)
- b. Document patients initial complaints
- c. List prior accidents and type of work activity
- d. Describe presentation of the patient (if favorable)
- II. Initial Physical Examination
- a. What orthopedic test undertaken and results
- b. What neurological tests undertaken and results
- c. What other tests undertaken and results
- III. X-ray Examination
- a. Discuss the results of the x-rays
- b. View prior x-rays, give interpretation
- c. Define terms described in the x-rays
- IV. Initial Diagnosis
- a. Specific diagnosis
- b. Subsequent diagnosis and dates
- V. Maintain accurate and complete records
- a. List adjunct therapy
- b. List referral to other sources
- VI. Conclusions
- a. Reasonable medical probability that injuries are secondary to accident
- b. Patient's response to treatment
- c. Pain and discomfort associated with injury/treatment
- d. Ability to be employed in current employment
- e. Lack of seat belt
- f. Low impact vs. injury
- VII. Prognosis
- a. Future treatment and cost
- b. Other recommended future treatment
- c. Permanent impairment
- d. Exacerbations to expect in the future
- e. Future complications
- VIII. Attachments/Data
- a. Resume/Curriculum Vitae
- b. Articles which may be of assistance explaining the nature of care received
Tips on Testifying
- Come dressed like a doctor and not a trainer
- Bring an up-to-date resume or curriculum vitae
- Address the jury with reverence
- Know your patient's history early, both before and after accident - keep good notes!
- Meet with the patient's attorney at least once before trial; go over entire case and process
- You may narrate some on direct examination by patient's attorney
- Answer questions on cross examination succinctly, if possible "yes" or "no"
- Try to turn to jury when testifying or explaining a particular point
- Have reference sources available to support a particular point
- Do not engage in a philosophical debate on the merits of your particular style of care (e.g. Chiropractic care vs. Medical care)
- Do not go beyond the scope of your expertise (see a.r.s. 32-925)
- Bring as many visual aids as possible
- Keep your ego at home
- Never argue with opposing counsel
- Be sincere, forthright and honest and above all, be yourself
Tucson personal injury & wrongful death lawyers serving the cities of
Tucson, Nogales, Sierra Vista, Bisbee, and Casa Grande as well as Cochise,
Pima, Pinal, and Santa Cruz counties, Arizona
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