What is an expert witness?
An expert witness is a professional serving in legal proceedings who has “specialized knowledge, skills, education, or experience in a particular field.” Those who serve as an expert witness assist the court with understanding the complexity of technical or scientific issues involved in a case.
In a legal setting, both the defense and prosecution will select their own expert witnesses to testify. The expert witness may be identified from a variety of sources, such as participation in past lawsuits, professional reputation or specialized directories, such as Find a Nutrition Expert on eatright.org.
Prior to testifying in court, all potential experts must be cross-examined by both attorneys in front of a judge. The expert generally must show that they are prepared to speak to the science on a subject. This process helps the court determine who would be appropriate to take the stand during the trial for a particular case; the court may choose to exclude a potential witness from providing expert testimony if they fail to demonstrate their knowledge on the subject in question.
Unlike other witnesses in a case, an expert witness may be required to review evidence to provide an expert opinion and is paid for their time. Also unique to expert witnesses is that they are specifically asked for their opinion, rather than sticking to only the facts of a case.
Why become an expert witness?
Serving as an expert witness is not mandatory and, if contacted by an attorney, an individual may decline. However, there are several reasons someone may choose to serve as an expert witness, for example, having the opportunity to affect outcomes in the legal system, wanting to help the court understand the nuances of a specific topic or helping to elevate the profession.
How to become an expert witness?
Available on eatrightSTORE.org, a FNCE® 2022 session recording discusses the skills a registered dietitian nutritionist may wish to work on developing to become an expert witness. Skills and traits include the ability to remain neutral, maintain confidentiality, a sense of ethics and believability when presenting information. An expert witness should be beyond the entry level of practice. In addition to practical experience in the field, a history of either teaching or in publications can also be helpful.
Academy members who are prepared and interested in serving as an expert witness can add themselves to the Find a Nutrition Expert listing by logging into their account on eatrightPRO.org, clicking "MyAcademy" and scrolling down to the Find a Nutrition Expert settings. There, simply select the “expert witness” category to be listed for this specialty.
Other Opportunities to Serve as an Expert
A similar, but separate, consideration for practitioners looking to get involved are medical review panels. Typically used in medical liability or malpractice cases, medical review panels often consist of physicians, but other medical providers may be included as appropriate. The makeup of a medical review panel is generally dependent on the malpractice case, and individuals may be randomly selected to participate. Regulations vary by state on how many panelists may be called and if participation is voluntary. For example, Nebraska law requires those selected to serve, however, it also specifies the panel will consist of three physicians (rather than other medical professionals). Whereas in Delaware, the panel may consist of physicians and laypersons, and alternate arrangements are provided if an individual should, “resign, die, withdraw, refuse, be disqualified, or otherwise be excused by the Court.”
References:
- Cornell Law School. Expert Witness. Accessed May 28, 2024.
- US Department of Justice: Office of Justice Programs. Expert Witness. Accessed May 28, 2024.
- Unique Careers for Dietetics Professionals. Journal of the Academy of Nutrition and Dietetics. Volume 107, Issue 4, S17-S18.
- Dietetics and Law: A Fireside Chat with Dietitians and RDN Juris Doctorates. FNCE® 2022. Released October 11, 2022.
- Nebraska Legislature. Nebraska Revised Statute 44-2841.
- State of Delaware. Title 18 Insurance: 1401 Medical Malpractice Review Panel Rules.
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