What Makes a Surgical Expert Witness?

Abstract

Background: Surgical expert witnesses play a crucial role in providing informed and objective opinions on surgical procedures, standards of care and patient outcomes. However, clear criteria outlining the qualifications and level of expertise required to be considered an expert witness are lacking.

Objective: To provide a guideline for the essential and desired qualifications required of a surgeon to serve as an expert witness.

Methods: The PubMed database was searched to identify existing guidelines relating to the roles and qualifications of expert witnesses. Published statements from national and international surgical colleges were also reviewed.

Summary of guidelines: Five published specialty college guidelines provided insight into the role of expert witnesses. Existing literature comparing the qualifications of surgeons testifying for defendants and plaintiffs was also analysed to identify the recommended criteria for serving as a surgical expert witness.

Conclusions: Surgical expert witnesses must meet stringent standards to provide objective and impartial expert opinions. The fundamental qualifications for surgical expert witnesses are: unconditional registration, good standing with their respective college, active participation in a CPD program and compliance with codes of conduct and ethical standards. Experts should also have at least 5-10 years of clinical experience and be in active clinical practice (or within 3 years of leaving) in the relevant specialty field. Academic involvement and high scholarly impact are desirable to further enhance credibility. These recommendations ensure expert testimonies uphold professional standards to support fair and informed legal outcomes.