Courting Justice: ENT Surgeons in the Witness Box

Maintaining such self-discipline during questioning can be challenging, especially during a trial, when the proceedings can become rather performative. “I think the important thing is not to become impatient with the questions you’re being asked, particularly when they’re repetitive and perhaps designed to get a rise out of you,” Dr. Postma said. “I tell my former fellows who are doing this, the attorney will do everything they can, especially during the trial, to make you look like a money-hungry doctor. ‘Dr. Jones, how much do you charge for your witness services?’ the attorney will ask, then turn to the jury with an expression of astonishment. And the jury looks at you: ‘Wow, that’s how much you charge?’ When a case goes to trial, it becomes a show.”

The best way to counter these maneuvers, experts say, is not to take the bait. “You don’t want to be antagonistic,” Dr. Postma said. “I’ve read depositions and seen trials where people are just dripping with arrogance and condescension. It doesn’t help your argument. You want to look like a real person as well as an expert, especially on the defense side. What’s that cliché? ‘There but for the grace of God, go I.’ We all have issues and complications in our practices. Show humility.”

Serving as a medical expert witness can be challenging and time-consuming, but for those who participate, it is a rewarding and satisfying experience. “I think our legal system works better when there are knowledgeable people in good standing making sure that these issues are properly resolved,” Dr. Gillespie said. “So, I would certainly encourage my colleagues to engage in this process.”

Linda Kossoff is a medical journalist based in Los Angeles.