5.9 Documentation of Expert Opinions

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

5.9 DOCUMENTATION OF EXPERT OPINIONS

5.901 Internal Memorandum. Although experts are often in a rush when discussing their initial opinions and sometimes want to limit the conversation to "you've got a good case," counsel must probe the expert's opinions to try to determine the scope and limits of those opinions. Counsel should have a list of the key questions and issues that the expert needs to address available when the expert is debriefed. As the expert expresses opinions, careful notes must be taken to lay the foundation for a detailed internal memorandum that will provide the starting point for the expert designation.

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It is a good idea to go over the contents of the initial memorandum with the expert to verify that the expert's...