A trial judge for a medical malpractice case in Maryland barred neurologist Dr. Herng Shiu S. Lee from providing medical expert testimony. The expert failed to produce tax records necessary for deeming him eligible to testify.
Maryland law requires medical experts who provide testimony during trial earn no more than twenty percent of their income from testifying as a medical expert. Defense attorneys note that Dr. Herng Shiu S. Lee’s eligibility would have been proven by the missing tax documents.
This scenario brings to light the importance of bringing quality experts to trial, whether an attorney is on the plaintiff or defense side of a medical malpractice, malpractice liability, or personal injury case. As Maryland law requires, experts should not only be 100% prepared for trial, but primarily practicing doctors, as opposed to ‘career’ experts.