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Put medical experts in the best light: necessary in no-fault jurisdictions, direct examination of medical experts in auto cases can increase jurors' instinctive trust of them - and show that these pillars of the community are on your side.

Article Excerpt
Although not necessarily the most exciting part of auto cases, direct examination of the treating or consulting medical expert is critical in jurisdictions with no-fault requirements in auto cases. The examination establishes the "serious injury" threshold set forth by no-fault law and helps prove damages. A doctor's testimony also can validate the plaintiff's liability claims, especially where injuries are disputed in an automobile case.

No other witness can bolster your client's credibility like a doctor, and there are few witnesses that a plaintiff can call who command the same high regard and respect from the jury. After all, jurors are used to relying on what doctors say about their families' medical needs.

Take advantage of the trust the jury instinctively has for your medical witness by basking in his or her reflected brilliance during direct examination. This is not the time for you to show off your knowledge of medicine. Indeed, your entire presentation should be low-key.

If the direct examination is done properly, the jury will view the doctor as a pillar of scientific knowledge in the community speaking for you and your client's credibility. In fact, a well-prepared physician can establish that the entire medical community supports your client's claims.

Direct examination of a medical expert also is an opportunity to highlight the difference between your calm demeanor during questioning and the harsh attacks of the defendant, who may be consistently alleging that your client's injuries are not severe. Make sure your questioning is logical and patterned. Preparation is key to avoiding leading questions.

Allow the doctor to be an educator, with the jurors as the star pupils. The doctor's explanations should be so clear that even you, a lowly lawyer, can understand them and call upon them in your summation; in fact, the answers should be so clear that the jury can use them during its deliberations.

Qualifying the expert

This is the only time in trial that your expert can show off. As a result, don't just ask for the expert's credentials and then sit back while he or she rattles off a long list. Make the credentialing of your expert a meaningful question-and-answer period and strive to keep both brief.

Questions should seek information about the expert's

* undergraduate and medical school degrees (including the dates of graduation and any honors received)

* internship (including the name of the hospital where the expert interned and whether...

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