Understanding the Risks for Expert Witnesses: A Must-Read for Professionals

9 August 2024

Expert witnesses play a critical role in legal proceedings, but this responsibility comes with significant risks. In his latest article for The Expert Witness, Spencer West lawyer Joseph McCaughley delves into the potential pitfalls that expert witnesses face, from public criticism and negligence claims to wasted costs orders and regulatory referrals.

Key takeaways include:

  • The importance of staying within your expertise and avoiding advocacy.
  • The impact of criticism in public judgments on your reputation and future opportunities.
  • The potential for legal action if your evidence is deemed negligent.
  • The rare but severe consequences of third-party wasted costs orders.
  • The risks of regulatory referrals and employment issues stemming from unsatisfactory evidence.

Joseph also shares practical tips, such as securing insurance, verifying the expertise of instructing parties, and seeking legal advice when needed.

For a deeper understanding of these risks and how to navigate them, read Joseph’s full article in The Expert Witness

Joseph McCaughley
Partner - Dispute Resolution, Healthcare, Professional Practices