"Expert Protect Thyself..."

Charges are almost never brought against physicians testifying in defense of other physicians. And, regardless of the good faith of the expert, such charges can be difficult to defend when based on vague and subjective standards, such as when opposing litigation experts are expressing honest disagreements about the standard of care. 

Medical associations bringing such charges often act as “prosecutor, judge, and jury,” meaning the same individuals who initiate a complaint also judge the outcome.[2] It is our experience that many such “complaints” are, unfortunately, improperly motivated and adjudicated in a biased manner. 

Providing expert testimony can expose you to certain risks, including the possibility of facing professional complaints or defamation claims if your testimony is challenged. You may also be questioned aggressively during cross-examination, which can strain your professional reputation. Additionally, in some cases, your credibility as an expert may be called into question by opposing parties. It’s important to have proper legal representation to help mitigate these risks and ensure that your testimony is clear, objective, and in line with professional standards. 

Recognizing that honest expert testimony serves the highest standards of medicine and an important public policy interest, we have represented physicians providing expert testimony in proceedings before their associations. 

We have in some cases been able to convince associations to take a more measured approach, when they understand that their ability to sanction a member physician may be subject to legal scrutiny and that the proceedings must provide safeguards of fundamental fairness (“procedural due process”). [3] 

In addition, should an expert be “defamed” by a baseless complaint to an Association, and harmed as a result, the defamed party may have legal redress. [4] 

In New York, the statute of limitations for responding to a professional complaint can vary depending on the association’s rules and the nature of the complaint. It is crucial to consult with an expert witness lawyer in New York as soon as possible to understand your specific timeline and rights. 

If you are defamed by a baseless complaint, you may be entitled to compensation for damage to your reputation, emotional distress, and any financial losses incurred as a result. The specific compensation depends on the details and severity of your case. 

We handle each case with personalized attention, conducting thorough investigations, collaborating with legal and medical experts, and employing the strategic legal tactics needed for protecting professional reputation and achieve the best possible outcome. 

We handle a wide range of expert witness cases, including defending against baseless complaints from medical associations, protecting your professional reputation, drafting consulting agreements, preparing for testimony, and more. Each case is unique, and we tailor our approach to meet your specific needs. 

Filing a defamation lawsuit involves several steps, including gathering evidence of the defamatory statements, consulting with legal and medical experts, filing the complaint, conducting discovery, negotiating high-value settlements, and, if necessary, going to trial. Our team guides you through each step to ensure a smooth process. 

Yes, we offer free consultations to evaluate your case and discuss your legal options. There is no obligation to proceed after the consultation. 

We prioritize clear and consistent communication with our clients. You will receive regular updates on your case’s progress, and our team is always available to answer any questions or address any concerns you may have.