Reference Guide on Medical Testimony

Reprinted with permission from the Federal Judicial Center's 2000 Reference Manual on Scientific Evidence.

Testimony by physicians is one of the most common forms of expert testimony in the courtroom today. Medical testimony is routinely offered in both civil and criminal cases, including assault and battery, rape, workers’ compensation proceedings, and personal injury suits. In the civil arena alone, medical testimony is frequently offered as part of medical malpractice cases, Employee Retirement Income Security Act (ERISA) suits on coverage of health care plans, Americans with Disabilities Act litigation, product liability suits, and toxic injury cases, such as breast implant and environmental contamination claims. In many instances, medical testimony or medical evidence is an indispensable part of the inquiry.