Expert Nurses & Malpractice Suits by Elizabeth Einhorn: Law Review Articles and Other Journals

"Selecting the best possible expert witness is especially important in today's legal climate. A good expert can help build your case, but a great expert witness can also substantially undermine your opponent's case. Each party seeks to assemble its best team of expert witnesses to help educate the jury and then convince the jury of its position, all the time knowing that each individual expert will engage opposing counsel and the opposing party's corresponding expert. "

A review of some of the cases addressing the admissibility of nurses’ medical causation opinions and an analysis of the underlying rationales that dictated the cases’ outcomes.

"The interests of the public and both the medical and legal professions are best served when scientifically sound and unbiased expert witness testimony is readily available in civil and criminal proceedings. As members of the medical community, patient advocates, and private citizens, pediatricians have ethical and professional obligations to assist in the administration of justice. The American Academy of Pediatrics believes that the adoption of the recommendations outlined in this statement will improve the quality of medical expert witness testimony in legal proceedings and, thereby, increase the probability of achieving outcomes that are fair, honest, and equitable. Strategies for enforcing guidance and promoting oversight of expert witnesses are proposed."

Review of recent Indiana cases reasoning and rationale for why nurses are not allowed to give testimony on standard of care in set circumstances.

An analysis based on more than 250 cases.