questioned by others such as medical doctors, an unacceptable solution. To be recognized by the courts as such, chiropractic expert witnesses must have relevant credentials and extensive professional experience. He/she must provide affi rmation proving professional development beyond the basic education and training required for regular day-to- day practice, and be acknowledged by his/her peers as an expert. This is not the case with fact witnesses, individuals who personally witnessed or participated in the cause at trial, and who testify about what they saw, or heard, based on first- hand knowledge. The cardinal rule is not to be an advocate but a neutral participant. In this context, as a Doctor of Chiro- practic, you will be expected to evaluate the facts of the case, determine the na- ture and extent of the injury and render an opinion based thereon. Required, is the ability to orally educate on what are complicated chiropractic procedures in a way that is understandable to the judge. For this you must be credible, compel- ling, and have the ability to respond, without prejudice, when your opinions and conclusions are challenged. The starting point is having impeccable cre- dentials. THE LITIGATION PROCESS – WHAT YOU SHOULD KNOW The litigation process is a legal proce- dure, not a medical workup. The chiro- practic/medical mind emphasizes inde- pendent judgment, rational analysis, and scientifi c evidence to establish the truth. The legal mind focuses on the ramifica- tions of what is in dispute, either legally or factually. In most cases, particularly malpractice, there is no correct answer or established truth, only disputed facts and differing legal interpretations. Expert wit- nesses deliver objectivity, lawyers are re- warded for subjectivity. Experts present the facts, lawyers refl ect, and the judge interprets the law, weighs the evidence, and determines what is proper. Borrowing from the canons of The American College of Foot and Ankle Surgeons, chiropractors, as expert www.canadianchiropractor.ca witnesses, must recognize their responsi- bility to provide testimony that is truth- ful, impartial, scientifi cally correct and in accordance with the merits of the case. THE EXPERT WITNESS REPORT The role of the expert witness normally commences when he/she receives, from the lawyer for whom he/she will act, all preliminary data pertaining to the case at hand. From this, he/she examines and analyses all facts, including extenuating circumstances, which will be presented at trial, and contemplating the questions to be asked by counsel for both sides, prepares a written report stating his/her opinions on the merits of the action. The report is to follow a logical format and be understandable to a lay person. Where medical terms are used it is necessary to clearly defi ne those terms As your report is open for examina- tion by the opposing lawyer, and will probably be entered as evidence, it is im- portant to not put, therein, or take with you to court, anything you would not wish revealed to opposing counsel. Your report should detail three specific areas: • a list of the factual documents reviewed, • interpretation, evaluation, and opin- ions, and • the basis for those opinions. The cardinal rule is not to be an ad- vocate but a neutral participant, un- concerned with the outcome. Your fees are paid whether your side wins or loses. However, let’s be honest about it: the concept of the impartial expert is only a theory. It is impossible not to get caught up in the adversarial system. Ex- pert witnesses, including chiropractors, are always tempted to skew the facts to favour the party who hired them. Se- lection of the appropriate witness, the witness’s preparation, and how answers to the questions are framed, are crucial to a lawyer’s case. As the drama unfolds it becomes an effort to stay neutral and unbiased. However, those who can fine- tune their testimonies to aid the lawyer’s cases will be hired by the same law firm again and again. Still, you must avoid being a hired gun. If you develop this reputation no one will take a chance on you. In Part 2 we will discuss procedures that you will need to know, as an expert witness, once you arrive at court. • Expert witness recommendations from The American College of Foot and Ankle Surgeons: as edited by author • For a malpractice suit, the chiropractor expert witness shall evaluate the medical condition and care provided in light of generally accepted practice at the time and place, and in the context, of the care delivered. • Chiropractors shall provide evidence, or testify, only in matters in which he/she has relevant clinical experience in the areas that are the subject of the proceeding. • The chiropractor expert witness shall be engaged in the active practice of chiropractic medicine. • Evidence will be given in a straightforward, rather than in a misleading or biased, manner. • The chiropractor shall be as objective as possible, and shall not omit material, or information, that does not support the opinion expressed or conclusions reached. • Be properly and fully rehearsed. 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