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Can I Get a Witness? A Therapist’s Guide to Becoming an Expert Witness

Presented by Michael Gerg

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Being an expert witness is within the scope of practice for an occupational or physical therapy practitioner. However, great consideration by the practitioner is needed prior to agreeing to provide such services. The purpose of this session is to inform the attendee of how to evaluate their own competency to be an expert witness; to be aware of the variety of services that may be requested of an expert witness, from document review to testimony; and how to provide an opinion that is logical, objective, evidence-based, and adheres to each profession’s Code of Ethics.

Meet your instructor

Michael Gerg

Dr. Michael J. Gerg, DOT, OTR/L, CHT, CEES, CWCE is the Program Director of the Occupational Therapy Assistant program at Harcum College. He is a Board Certified Hand Therapist, Work Capacity Evaluator, and Ergonomics Evaluation Specialist and a graduate of the Pennsylvania State University School of Liberal Arts and the…

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Chapters & learning objectives

Defining the Expert Witness: You May Be an Expert, but Are You an Expert Expert?

1. Defining the Expert Witness: You May Be an Expert, but Are You an Expert Expert?

This chapter describes what it means to be an expert witness in the view of the law and how expert witnesses are different from other types of witnesses called upon by the courts. Attendees will learn about how the admissibility of expert testimony is determined and how different standards are applied to test this from the State and Federal perspective. The types of services that an expert witness may be asked to provide are also discussed.

Becoming an Expert Witness: Evaluating Your Competency and Getting Started

2. Becoming an Expert Witness: Evaluating Your Competency and Getting Started

This chapter discusses both AOTA’s and APTA’s stance on performing expert witness work and what tools they recommend or provide to evaluate a practitioner’s competency to be an expert witness. Once competency is determined, the material that will be needed to begin this line of work is discussed. Expert witness work is tied directly to the AOTA and APTA codes of ethics.

The Legal System: How Does It All Work?

3. The Legal System: How Does It All Work?

This chapter explores the different professions that work in law and how the expert can expect to interact with them. Included in this section is a discussion of how a case is constructed and carried out and how the court determines what is awarded if the plaintiff is successful in winning the case.

The Provision of Expert Services: How Will You Be Asked to Demonstrate Your Expertise?

4. The Provision of Expert Services: How Will You Be Asked to Demonstrate Your Expertise?

This chapter informs the attendee of the various types of services an expert witness could be called on to provide. Extra emphasis is placed on how to write an expert opinion, give a good deposition, and provide testimony in court.

Pitfalls to Avoid as an Expert Witness

5. Pitfalls to Avoid as an Expert Witness

This chapter explores what an expert practitioner can expect when establishing themselves as an expert witness and what pitfalls to avoid. Also, the opposing legal team will attempt to discredit the expert witness in various ways. The expert witness will be made aware of some commonly used tactics the lawyer will utilize to discredit them.