The Clinical Engineer as Expert Witness
In the event that litigation ensues over a medical device-related injury or death, the clinical engineer may be called upon to act as an expert witness in the matter. In this capacity, the clinical engineer’s training and experience will be relied upon to provide analysis and opinions concerning the event being litigated. It will require research to support or refute positions taken by parties to the litigation, working with attorneys preparing the case, and possible testimony at depositions and trial. The clinical engineer may be designated as an expert to represent an employer or he may be retained as a third-party expert via an insurance carrier or a law firm. While there is an assumption that the clinical engineer will support the position of the retained party, the expert nevertheless must maintain neutrality. An expert witness should function as a disinterested third party whose responsibility is to provide opinions based on the facts of the case and research and testing performed by him. The expert is the only person who is allowed to express opinions in court rather than being limited to simply reporting facts. However, these opinions must be based on theory and information that is accepted practice in the person’s field of expertise. Courts rely on experts to educate the court and the jury on the circumstances of a case and to provide opinions on the matter that will be considered in the jury’s development of a verdict.
Qualifications to Be an Expert Witness
An expert witness is a person who must demonstrate that he or she is competent to research the circumstances of a case and to reach meaningful conclusions and opinions that the court can rely on. In order to meet this requirement, an expert must pass court
tests of competency, which examine the expert’s background and credibility. The expert is the person who has special knowledge of an area that is not considered to be in the body of knowledge of the average citizen or that is not discernible by common sense. Education and special training comprise one of the main criteria used in qualifying prospective experts. The person being considered must have education and training in their field, and it must be significantly greater than that of the common man. In general, the person must have at least an undergraduate degree in, or related to, their field of expertise. In addition, an expert must show evidence of specialized training in the field in which testimony will be offered. This may consist of additional educational credits, attendance at specialized training courses, participation in professional associations related to the field, and certification or licensure in the field. In the case of clinical engineering, this would mean having an undergraduate degree in clinical engineering or related engineering fields with additional training in medical and biological sciences, at a minimum. It also might be possible to qualify with a degree in life sciences or medicine, augmented by training in engineering and technology. An expert witness must have demonstrated experience that is relevant to the area of proposed testimony. As an example, a person with experience in design of equipment could be expected to testify concerning design defects, but not about the clinical use of a medical device in the operating room, as it is unlikely that a design engineer has spent much time working on surgical cases in an operating room. The amount of experience also must be sufficient to satisfy the court that the person has sufficient knowledge of the field. It is unlikely that a person who has completed their degree, but has no working experience in a field, would be accepted as an expert. Conversely, a person who has only a high-school education but many years of practical experience, such as a machinist or electrician, could qualify. Credentials are another aspect of the expert’s qualifications. A person who is certified as a clinical engineer, a registered nurse, a registered professional engineer in a relevant field, or a person with medical board specialty certification is favored as an expert witness in the field over a person with a similar background who lacks such credentials. Many attorneys require that their experts have a higher degree and/or professional certification of some type to ensure credibility with the court and the jury.