June 3, 2019

Kerr Russell Attorneys Discuss Client – Expert Suits in Michigan Defense Quarterly

Expert witnesses play a pivotal role in any medical-malpractice action. A party’s litigation strategy—and, indeed, the filing of a lawsuit in the first place—often depend in significant respect on the opinion of an expert physician or other practitioner. Expert witnesses are considered to owe a duty to the court in giving their testimony and, pursuant to the witness-immunity doctrine, are shielded from claims arising from their testimony. This doctrine provides that witnesses “are wholly immune from liability for the consequences of their testimony or related evaluations.” The doctrine has been held to shield witnesses from claims brought by adverse parties and also from claims brought by the parties that retain them. Indeed, the witness-immunity doctrine offers such broad protection to witnesses that even false or malicious testimony has been held not to abrogate the privilege and give rise to a claim.

The entire article and publication can be found at The Michigan Defense Trial Counsel website, mdtc.org.