5.8 Number of Experts to Be Retained

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

5.8 NUMBER OF EXPERTS TO BE RETAINED

5.801 Initial Review. The number of experts a particular party should contact to seek a favorable view on the issues of the standard of care, causation, and damages depends on the party's resources, the attorney's personal practice, and the potential monetary value of the case. If an initial opinion is unfavorable, it greatly increases the likelihood that the opposing side will find convincing experts. But if the case has enough value, it may be wise to seek a second opinion. For example, a plaintiff's attorney may locate an expert who, on paper and through the initial contact, sounds authoritative and appears to have the required credentials and expertise but who is, unbeknownst to the attorney, defense-minded. A negative review from this type of witness would be more a product of bias than of sound medical knowledge.

5.802 Litigation.

A. In General. When a case has been...