Chapter 19 : Working as a Litigation Consultant

Abstract:

This chapter talks about the role of the litigation consultant, who in general is not subject to examination by the opposition, and his research activities and work products may not be subject to discovery. One reason for an expert to act as a litigation consultant rather than a testifying witness has to do with the problem of standard of care, frequently encountered in medical malpractice cases. The author narrates how he functioned as a litigation consultant because he was certainly unable to testify concerning the obstetrical standard of care, but his research on the infectious disease aspect of the case was enough for the client-attorney to have the case dismissed. The client-attorney was employed by the insurance company that provided malpractice coverage for the defendant.