Questions & Answers From the call:
 

• Question: Do you need business insurance as an expert witness?

  • Answer: Yes, it’s generally advised to have errors and omissions insurance, which is affordable (around $1,000-$2,000 annually). This insurance helps protect your business activities similar to medical malpractice insurance, which typically doesn’t cover expert witness work.

• Question: Can an expert witness be sued under a malpractice suit?

  • Answer: Yes, an expert witness can be sued for their testimony, particularly if the other side attempts to discredit your opinion. However, if your opinions are well-supported by literature, guidelines, or experience, the risk is minimal.

• Question: Can you become an expert witness if you’ve been on disability and haven’t seen patients in over two years?

  • Answer: It depends on your intent to return to clinical practice. Most states consider a gap of one to two years, but if you have no intent to return, it may not be possible to work as an expert witness.

• Question: Is there opportunity for certain specialties to be experts?

  • Answer: Yes, if you have malpractice insurance because you see patients, you are eligible to be an expert witness. All clinical specialties have opportunities.

• Question: Do you have to have a business entity like an LLC or S-Corp to work as an expert witness?

  • Answer: It’s not necessary, but it’s generally good practice to establish an LLC to separate personal and business assets. An S-Corp is related to how you’re taxed and is often considered when you earn a certain threshold.

• Question: How do you get paid as an expert witness, and what’s a reasonable rate?

  • Answer: Expert witnesses typically get paid via check or direct deposit, often as a 1099 contractor. Rates vary but generally range from $500 to $900 per hour, depending on the specialty.

• Question: Can you do expert witness work while holding a W-2 job?

  • Answer: Yes, but it depends on your employment contract. Some institutions, like Kaiser, might restrict this, but you can often negotiate modifications.

• Question: Do you need a medical license in the state where the case is filed?

  • Answer: No, you do not need to be licensed in the state where the case is filed, just in the state where you practice. Some states, like Florida, require an expert witness certificate, but this is easily obtainable.

• Question: How do you find lawyers to hire you as an expert witness?

  • Answer: You can market yourself to lawyers, build a database, and network through bar associations or websites. Over time, word of mouth and consistent marketing will build your reputation.

• Question: Why is this not a good option for someone who is fully retired from clinical practice?

  • Answer: Most states require you to be clinically active within 18-24 months of working on a case to qualify as an expert witness. If you’re fully retired, you may not meet the eligibility criteria.

• Question: How many cases do you need to handle to make a decent salary?

  • Answer: It depends on your financial goals. For example, working 3-4 hours per week at $600/hour can yield $100,000 annually. The number of cases varies depending on their complexity and your desired income.

• Question: How do you schedule depositions, and are they flexible with your time?

  • Answer: Depositions are generally flexible, and lawyers will work with your schedule. They can often be conducted via Zoom, minimizing the need for travel.

• Question: What qualifications make you more desirable as an expert witness?

  • Answer: Clinical work experience is most important. While academic credentials or published research can help, they are not necessary. Practical, community-based clinical experience is highly valued.