How To Engage A COVID Medical Expert Witness Or Consultant

While there was a belief that the pandemic would give rise to rampant medical malpractice cases and workers compensation/personal injury related cases, that has not been the trend.

Liability Shield Laws

Thanks to liability shield laws enacted in many of the nation’s litigious states (i.e., Connecticut; Illinois; Massachusetts; Michigan; New Jersey; New York), COVID-related cases are not being filed rampantly in medical malpractice, personal injury or workers compensation.

So, where are the COVID-19 complaints?

According to the Hunton Andrews Kurth COVID-19 Tracker, of the 6,196 COVID-related lawsuits filed in the US, most are in the areas of insurance and civil rights. To litigators in these areas, that may come as no surprise.

According to the University of Pennsylvania Carey School of Law: Business interruption insurance claim lawsuits surged from May 2020 through the end of June 2020, only to have filings taper off significantly since then. Civil rights lawsuits relating to the right to operate a business and such continue to be filed, as well, but their frequency is not as widely tracked. When taken as a group, though, lawsuits related to COVID-19 continue to rise, and one can be assured that with infection rates surging, lawsuits will likely follow suit.

Whether COVID related litigation is being pursued in an insurance context, civil rights context, or other areas of law, medical and health care expertise will be critical to assist attorneys, businesses and claims professionals in assessing strategy and providing the firepower to prosecute or defend these matters.

When to hire an expert if you are investigating a claim or potential claim?

The answer is NOW.  

Aligning with the appropriate expert is a critical first step. Many attorneys consider engaging experts only where testimony is needed.

However, the expert as a consultant from the start of a matter will help navigate potential pitfalls and devise an informed strategy. How to engage a COVID expert witness or consultant?

Partnering with a consulting firm, like American Medical Forensic Specialists (AMFS), that can take the time to understand your case needs and make direct contact with an established network of trusted experts is the way to go. When you search on your own, you are taking a shot in the dark.