Common Questions Asked by Physicians Considering or Starting Expert Witness Work
- Nisha Mehta, MD
- 3 days ago
- 9 min read
Expert witness work is often touted as a popular side gig for physicians because of the obvious extension of a doctor’s expertise, flexibility, and the lucrative nature of the work. While many physicians are intrigued by the idea of exploring this as a side gig, some shy away from the work out of concerns about the implications of doing this work, the difficulty it may pose for their schedules, or lack of awareness about how to get started. Below, we dive into some of the most commonly asked questions on our Physician Side Gigs online community when doctors are considering or getting started with this work, and point you towards relevant resources so that you can decide whether expert witness work is right for you.
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Most commonly asked questions by physicians considering exploring or getting started with expert witness work
We hope the answers to the frequently asked questions below give you some insight into the pros, cons, myths, and realities of doing this work.
Qualifications and logistics for expert witness work
Are there any qualifications I need to be an expert witness?
If you’re a board certified practicing physician, you likely already have them. For credibility purposes and so that the opposing counsel can’t readily discredit you, most attorneys will want you to:
Be board certified
Be a practicing physician (ideally currently, but typically at least within the last 3-5 years)
Have a relatively clean record in terms of professional reputation, standing, and malpractice
Do I need to take a course to learn how to become an expert witness?
Some physicians ask whether taking a course to learn how to be an expert witness makes sense. While this is certainly not necessary to begin work, it may help you to expedite the journey and navigate this field better by helping you with a lot of the frequently asked questions (like the ones in this article!), learning how to write a good report, how to market yourself, and how to conduct the work in a professional manner so that attorneys will want to hire you and recommend you to your friends. They can also help teach you the logistics of the business side of things (best practices on rates and fee schedules, when to collect payments, a good contract, etc.). For many, courses also allow them to jump start their side gig more intentionally, get started quicker, and have more mentorship and guidance as they figure things out. If it can help you get even one more engagement quicker, it can easily pay itself off, so just be honest with yourself about what you need to motivate you to get started.
Related PSG resource:
The Expert Witness Startup School is currently enrolling from 9/2/25 - 9/15/25. It is usually offered 2-3 times a year. This is a course run by one of our physician members who has a lot of experience in this space, and covers how to engage with attorneys, how to set a fee schedule and create a contract that protects you, how to present your qualifications as an expert witness effectively, what a case entails and your role at each stage, preparing for depositions and testimonies, how to conduct the work efficiently including tech tools and software, handling the business side of the side gig, and how to get more cases and grow your expert witness side gig. You can learn more about the course through our affiliate link, which allows us to earn a commission if you decide to buy the course. This course has been taken by many of our members, and several report that it has helped them to launch a six figure expert witness side gig.
Can I just do expert witness work for the defense (i.e. defend doctors only)?
While many physicians would prefer this, the reality is that if you only do defense work on behalf of physicians, it’ll make it easy for the opposing counsel to paint you as a hired gun that’s not objective. They can search through public records to get a sense of your track record, so most physicians that build out expert witness practices do work for both sides.
What physician specialties tend to get expert witness work?
Malpractice lawsuits happen in every field, so there is work available in every field. However, as some specialties tend to have more lawsuits than others, these fields may have more cases. These typically include surgical specialties, radiology, emergency medicine, and specialties that have higher acuity situations. Additionally, there are certain specialties that are often called in as consultants, such as psychiatrists or pathologists. Considering how much medical care happens across all specialties though, cases regularly arise in each specialty and we’ve seen doctors in all fields posting questions about their expert witness work in our communities.
Do I need to tell my employer that I’m doing expert witness work?
This will depend on your contract. It’s important to note that many academic contracts in particular have stipulations about side gig work, especially if your ability to get that work may be tied to the reputation you have related to the institution. Some will lay claim to the monies earned or allot them to your CME fund, etc., so make sure you read the details of your contract and ask whomever needs to be asked. Ideally, they can carve this out (and even more ideally, you’ve negotiated a contract where they can’t regulate side gig work!).
Compensation and practical considerations of expert witness work, including time requirements
How much can I make as an expert witness, and how do I set my hourly rates and fee schedule?
Expert witness work can be quite lucrative, with physicians typically making between $300-800/hour. Depending on your expertise, you may be able to negotiate even higher rates. We have several resources to help you gauge where you may want to start, and as you become more in demand, you can likely increase your rates further.
It’s important to know that your fee schedule should specifically delineate different rates for different tasks (chart review should be different than your rates for deposition or testimony, for example), and that your fee schedule should delineate the terms of payment to ensure you are paid.
Related PSG resources:
What happens if they need me to testify or travel when I’m scheduled to work?
This could happen, but in most cases, firms will try and work with you to accommodate your schedule. You should make it clear that you need as much heads up as possible and include it in your contract (although they can get around this if necessary, it will make them try harder to be considerate of the notice timeframes you specify). These days, with so much that can be done virtually, it’s becoming increasingly uncommon for us to hear members talking about the work being an inconvenience. Additionally, keep in mind that only a very small percentage of cases go to the point where you need to testify in person.
How much time does a typical expert witness case take?
This will vary dramatically on the scope and the complexity of the case, and ultimately nobody has a crystal ball. However, when you’re taking on the case, you can ask for details about how much paperwork needs to be reviewed, the likelihood of the case moving forward, and other factors that may indicate how much of a commitment the case will be. If it’s a bad time for you to take on a case or the case seems beyond your bandwidth, you can always say no.
How often does a case require a deposition or the need to testify at a trial?
The vast majority of cases are settled before even reaching the point of a deposition, let alone a trial. Most sources say only 5-7% of cases make it to trial.
Legal and ethical considerations of doing expert witness work
Does doing expert witness work mean selling out your physician colleagues?
This is always something that gives physicians pause about entering this line of work. The fact is that mistakes do happen, and sometimes negligence happens, and the system is there to make things right. In your role as a physician, your job is to advocate for patients, and in your role as a colleague, you want to make sure they have fair representation when things go wrong. Ultimately you have to decide what you’re comfortable with, but you should be comfortable giving unbiased, objective opinions about the standard of care, regardless of what side you’re working for.
Can I get sued for being an expert witness, and do I need liability or malpractice insurance?
This is a great question, and one answered differently by different members of our physician communities. In most jurisdictions, expert witnesses do receive legal immunity against being sued for their testimony in the interest of ensuring there are honest opinions without fear of retaliation. However, there are exceptions to the rule, so check in your jurisdiction if this is a concern.
Additionally, you could be sued for providing intentionally false or misleading testimony, if you make statements that are defamatory which don’t have to do with the matter at hand, or if you don’t fulfill an obligation that you’ve contractually agreed to. The other thing to know is that rarely, there have been cases where professional societies have held physicians accountable for testimony that’s felt to be unethical or false in nature.Â
If you choose to have coverage, know that your malpractice policy likely doesn’t cover this kind of work. Instead, you likely need a separate policy or a rider on your existing policy. Many doctors who do expert witness work regularly will get an Errors and Omissions (E & O) policy, and/or a consulting liability policy or business liability policy if they have a business entity set up for this work.
Getting started with expert witness work
Do I need an LLC or S-corporation to do this work?
Whether or not you want to set up an entity at the beginning is up to you. Many physicians will opt to at least create an EIN so that they can avoid sending their Social Security numbers out to multiple entities. While many of the tax advantages and deductions you can take are the same regardless of whether or not you have an entity, there may be benefits to keeping finances organized, asset protection, and professionalism if you have an entity.
Learn more at do I need an LLC for my side gig?
How do I get expert witness cases?
While many physicians start in this space because they’re contacted by an attorney, waiting for cases to come to you is generally not the best approach if you really want to jumpstart your expert witness side gig. There are many different ways to get the word out that you’re available for expert witness work, including having a website that showcases your expertise, editing your profile on LinkedIn to reflect that you offer expert witness work, reaching out to attorney contacts, and getting on expert witness databases.
Learn more about how to get more expert witness cases as a physician.
Related PSG resource:
If you're a physician that would like to be alerted of expert witness opportunities matching your interests, sign up for our free expert witness side gig matching database (you must be a member of our physician only Physician Side Gigs group to access, but it’s completely free to join). Also make sure you sign up for our PSG weekly newsletter, where we publish current and upcoming opportunities.
Conclusion
While many physicians express interest in expert witness work, there are several commonly asked questions about logistics and perceived hurdles that often come up. Sometimes, these can prevent some physicians from going forward. We hope this article equips you with the tools to decide whether or not expert witness work is right for you!
Additional expert witness resources for physicians
Explore related PSG resources:
Sign up for our expert witness side gig matching database (physician only) and our PSG weekly newsletter, where we publish current and upcoming job and side gig opportunities.