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Expert Witness

  • 1.  Expert Witness

    Posted 06-22-2025 16:02

    Hello All!

     I am seeking some input for myself and others in this group! And yes, we have 115 WINers now connected on this online community. Hoping to reach 300!

    So regarding expert witness work, my male colleagues seem to be just fine doing this, but I have so far not accepted any offer primarily due to fear of engaging with lawyers and unfamiliarity with the process and the fact that it is optional. 

    I have received a recent request and it occurred to me before turning that down to lean on to my WIN colleagues. 
    For those who have done this, any general wisdom to share?
    Also can you offer me the gift of your time to chat about your experience with this process. Please reach out to me at my email: sangeetakhannamd@gmail.com  or text me 314-610-4045.



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    SangeetaKhannaUniversity of Michigan, Department of Ophthalmology and Neurology
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  • 2.  RE: Expert Witness

    Posted 06-22-2025 21:47

    Hi,

    I have not done any med-legal work in the past several years, and only do it for IIH/PTCS cases but I really enjoy it.

    I suggest that we have some speak about it at the next NANOS WIN meeting or schedule a Zoom call. I have a friend who might be willing to do this (Zoom) as he has given talks about it in the past that I attended. (Alfredo Sadun has also done this.)

    For me, the cardinal rule is to be genuine and honest. I review records (and charge for my time, of course) before I accept anything, and will be an expert for the defense or the prosecution depending on which side I think is right. I will also tell the attorney I don't think that they have a case or whether they should settle – and this is valuable information to them. No one wants to waste time, effort and money on a losing proposition or go to court if they don't have to.

    I could do a talk but he has more recent experience than me (although I doubt that anything has changed).

    Nothing to be afraid of! The attorney(s) you work with will help you.

    Deb






  • 3.  RE: Expert Witness

    Posted 06-23-2025 12:02
    I'm not sure how the process might differ from US to Canada, but I have done this a few times. It's a fair amount of work, but it pays reasonably well for your time. I was given the option to review the case first to see if I agreed with the side I was being asked to defend. The most frustrating part for me was being given a 3 week window that I had to keep open for the trial, even though I would ultimately only be needed for 1 or 2 of the days. It was also tough because I knew the neuro-ophthalmologist on the other end of the case, and we sent a lot of documents back and forth picking apart each others arguments. I know it wasn't personal, but it was hard not to take it that way. And it goes to show you that there are a lot of subtleties in the practice of medicine!
    I'd say the most compelling reason to consider doing this work would be that if you were ever the defendant in need of an expert witness, you would hope that one of your colleagues would be willing to step up and do it too.
    Lulu

    Lulu Bursztyn

    Comprehensive and neuro-ophthalmology

    Western University, London, Ontario

    lulu.bursztyn@sjhc.london.on.ca

    519-646-6214

     


    The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. www.sjhc.london.on.ca





  • 4.  RE: Expert Witness

    Posted 06-23-2025 20:50
    Thank you for the helpful posts here and email communication with me on this topic.
    Deb, Love your idea to have a zoom session on this. We can plan for a weekday evening 8:00 PM ET in the next 1-2 months. I will send some dates and if you could check with your colleague and your calendar to finalize it. 
    Thank you, Lulu, Nurhan and Meagan! Will love to have you share your experiences then too.

    Best,

    Sangeeta 





  • 5.  RE: Expert Witness

    Posted 06-23-2025 23:24

    Yes, always ask for the time frame up front!






  • 6.  RE: Expert Witness

    Posted 06-30-2025 17:22

    I would happy to discuss my experiences with you, Sangeeta. I am certainly no "expert" at being an expert witness, but I've worked on ~15 cases over the last several years. Many times, review of the records and verbal discussion of your interpretation of the facts is all the case ultimately entails, to help the attorneys plan their strategy. Other times, they request preparation of a written report. In my experience, a small minority of cases ultimately go to trial requiring deposition, as most settle before the trial. I have learned a lot from the cases I have worked on and would recommend considering it, if you are interested.






  • 7.  RE: Expert Witness

    Posted 07-01-2025 22:20
    Dr Randy Evans (thanks,Deb!) has agreed to give a talk Monday 8/18 8:00 PM ET via zoom. 

    Please mark your calendars! Look forward to a good discussion on this topic. Will record and share for those who cannot join.

    Sangeeta





  • 8.  RE: Expert Witness

    Posted 07-02-2025 08:05
    I would add that my experience is that a deposition is usually needed by the side requesting your input to present to the "opposite" side to determine if the case goes to trial. And always request a retainer before reviewing the case. If you don't know the attorney, ask your medical friends about what they know. i've never had to set aside three weeks for a trial; usually the side requesting my input has been very accommodating to my schedule.
    Marilyn Kay





  • 9.  RE: Expert Witness

    Posted 07-02-2025 11:39

    Definitely get a retainer and make a fee schedule – the less complicated the better.

    Don't undersell your hourly rate.

    Deb






  • 10.  RE: Expert Witness

    Posted 07-02-2025 09:48
    Thanks Sangeeta! I wonder if this is something that should be shared with NANOS in general, rather than just WIN?
    Lulu

    Lulu Bursztyn

    Comprehensive and neuro-ophthalmology

    Western University, London, Ontario

    lulu.bursztyn@sjhc.london.on.ca

    519-646-6214

     


    The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer. www.sjhc.london.on.ca





  • 11.  RE: Expert Witness

    Posted 07-02-2025 11:41

    I suggest that you mute the participants when he talks or he will never get through it – especially if it is open to all.

    Deb