A. Choosing A Specialist-Expert in 2023
- Board Certification in a relevant specialty.
- Considerable experience in medico-legal evaluations.
- Familiarity and agreement with Daubert or Frye standards.
- Accessibility.
- Affability (Kind, Understandable, Polite).
- Reputation for accuracy, independence of thought and straight-forwardness.
- Publication of relevant books, book chapters or articles in scientific journals.
- Clear understanding of causality determinants.
B. Review of Records and Patient History
Many examiners fail to evaluate the pre-incident functioning. Subsequently, they attribute all symptoms and difficulties to the injury under consideration. To maximize accuracy, a careful review of historical and medical records that clarify psychological, social and medical histories should be conducted by an expert.
Records That Should Be Provided To The Specialist Whenever Possible:
- Medical history including childhood illnesses, inherited disorders, previous injuries, all hospitalizations, medications used prior to and since the injury in question, and subsequent injuries and traumas: symptoms and treatment records.
- Psychological history: When litigation has been filed, confidentiality is usually waived and full discovery is usually permitted. In addition to any written reports, ask for the handwritten clinical notes. When asking for the psychological test data, ask for the raw data.
- High school and college transcripts and other educational information.
- Employment history including employer evaluations, length of employment and reasons for leaving/termination
- Information regarding family members (parents, siblings) including age, education, occupation, if deceased, dates and causation.
- Social security or workers’ compensation claims history.
- Other lawsuits filed.
- Alcohol and substance abuse history including DUI records.
- Criminal background records.