The Champion

March 2013 , Page 16 

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Rx for Lawyers: How to Help Medical Experts Do Their Best for the Defense

By David S. Marshall

Criminal defense attorneys often turn to physicians and other medical experts for consultation and testimony. Rarely, however, does an attorney give a medical expert what the expert needs to provide maximum help to the attorney. Practical suggestions for defense attorneys follow.

Protecting Intellectually Honest Experts

Many physicians pay a heavy personal price when they testify for a defendant in a criminal case. Physicians who testify for the defense are often vilified and ridiculed by physicians who testify for the prosecution. Sometimes prosecution-oriented physicians try to damage or destroy the careers of the physicians willing to testify for the defense. They have sought to have defense witnesses punished by professional medical societies for their testimony that questions controversial theories such as Shaken Baby Syndrome.

Criminal defense lawyers must protect intellectually honest experts from those in the medical profession who wish them ill — and from prosecutor

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