Expert Witnesses                                                  

Many cases are often resolved based upon a competition of expert witnesses. Increasingly important in the resolution of civil disputes, reliable expert witness testimony can often make or break one’s defense. Simas & Associates, Ltd. has found that this is especially the case in the field of health care law and other types of professional licensing law. Expert witnesses, when used affectively, can often call into question the underlying allegation within the Accusation or Statement of Issues, which delegitimizes the grounds for the Agency to discipline the physician, dentist, or professional licensee. 

An expert witness is a witness who is—by virtue of education, training, skill, experience, and/or reputation in a particular field or practice—recognized at having a level of expertise in the particular field or practice beyond that of an average person. That level of expertise is so proficient that a court of law or adjudicating body may rely upon that expert witness to testify his or her specialized opinion about evidence, fact, or issue in dispute, so long as it remains within their scope of practice. The testimony from the expert witness is designed to assist the fact-finder in deciding the ultimate question as to fault.

Through Simas & Associates, Ltd.’s years of experience representing health care law and licensing law clients, we have generated a knowledge base of effective expert witnesses. We can discern whether the issue at hand warrants its use. We then know whom to contact to review the underlying allegations within an Accusation or Statement of Issues to determine whether there are substantive grounds to oppose license discipline. Similarly, Simas & Associates, Ltd. can identify individuals to review the alleged action by the licensee to see if it was within the appropriate standard of care of the profession. In fact, Mr. Steve L. Simas, himself, has been called upon to testify as an expert of the intersection of physical therapy, chiropractic, and the law.

As a result of our experience, we also know how to use expert witness testimony effectively. We are well practiced in establishing the expert’s foundation prior to hearing, and preemptively cross-examining weaknesses in their positions. This provides additional protection at hearing so that the expert is prepared to be challenged in their findings and is practiced on how best to respond. This then strengthens the veracity of the expert in the eye of the fact-finder, and best serves our client’s interests.

So, if you are in need of representation from an attorney who realizes the importance of expert testimony and knows how to use it, look no further than Simas & Associates, Ltd.  Use our directory of experts in all fields of licensed practice to your advantage. Please contact us today for your free initial consultation.