Sample Medical Expert Report

If you are an expert preparing an expert report in a medical malpractice lawsuit, understanding how to craft a quality expert report is essential. Sending an underdeveloped medical expert opinion risks exposing you as an unprepared or unreliable witness. Attorneys rely on expert witnesses not only for their opinions but also for their ability to communicate complex medical or technical issues effectively to judges and juries. Truly, if you make meaningful mistakes, the opposing lawyer will look to hang you with your report. So you want to get this right.

This sample medical expert report serves as a practical resource, providing a medical expert witness report example that meets the legal requirements in most jurisdictions  (setting aside the technicalities and form). Whether you’re seeking examples of expert witness reports or guidance on crafting a medical expert report, this guide demonstrates how to structure and articulate opinions effectively

The following expert report sample reflects the necessary components for a malpractice report. This medical expert testimony example is particularly relevant for medical malpractice cases experts on how to break out your opinion on standard care breaches and/or causation.

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Medical Expert Report

A. Materials Reviewed

The following materials were reviewed in forming my opinions:

1. Medical records, medical bills, operative pictures, and radiology films from Mandy Anthony’s admission at Midtown Hospital from February 28, 2024, to March 7, 2024.
2. Medical records, medical bills, and radiology films from Mandy Anthony’s treatment at Memorial University Hospital from March 7, 2024, to June 2024.
3. Deposition testimony of David Earnest, M.D., taken on May 15, 2024.
4. Deposition testimony of William J. Evans, M.D., taken on April 15, 2024.
5. Answers to Interrogatories and Responses to Requests for Admission from David Earnest, M.D., served on July 5, 2024.
6. Answers to Interrogatories and Responses to Requests for Admission from William J. Evans, M.D., served on August 8, 2024.

As discovery is ongoing, I reserve the right to supplement this report with additional opinions based on newly obtained records or evidence. Plaintiff’s lawyer has indicated that records from Eastern Maryland Hospital are forthcoming, and I anticipate reviewing them as part of this case.

B. Qualifications, Case History, and Fee Schedule

I am a physician licensed to practice medicine in Kansas and Texas. I am the Director of the Chicago Institute of Minimally Invasive Surgery and oversee the Laparoscopic and Bariatric Fellowship Program at St. John Hospital. I also serve as a Professor of Surgery at the University of Kansas and am a staff surgeon at St. John Hospital in Evanston, Kansas.

I specialize in hepatobiliary surgery, including laparoscopic cholecystectomy and Roux-En-Y bile duct reconstruction. I have extensively published peer-reviewed research and chapters on these topics. My qualifications allow me to evaluate the standard of care applicable to surgeons and hospitals, such as Dr. Evans and Midtown Hospital, when treating patients like Mandy Anthony.

• My Curriculum Vitae, including publications, is attached as Exhibit A.
• A list of cases in which I have testified as an expert witness in the past four years is attached as Exhibit B.
• My fee schedule, including $500/hour for case review and $7,500/day for depositions, is attached as Exhibit C.

C. Summary of Records and Testimony

Admission and Diagnosis

Ms. Anthony presented to Midtown Hospital on February 28, 2024, with symptoms of cholelithiasis, including nausea, vomiting, and right upper quadrant abdominal pain. Imaging confirmed gallstones, and she was admitted for laparoscopic cholecystectomy, scheduled for March 3, 2024.

Surgical Procedure

• The initial dissection was performed by a resident, Dr. David Earnest, with minimal experience performing this surgery. After 20 minutes, Dr. Evans took over, citing adhesions and inflammation.
• Dr. Evans employed the infundibular technique but failed to properly clear the triangle of Calot or confirm the anatomy.
• A bile leak was observed during surgery, prompting the reapplication of clips near the cystic duct stump. Despite concerns, no intraoperative cholangiogram was performed.

Postoperative Course

Ms. Anthony’s condition deteriorated following surgery:

1. A HIDA scan on March 4, 2024, revealed a bile duct obstruction.
2. An ERCP on March 5, 2024, confirmed the obstruction but was not immediately acted upon.
3. A stat MRI ordered on March 5, 2024, was delayed until March 6, 2024, further confirming the bile duct injury.

She was not transferred to Memorial University Hospital until March 7, 2024, by which time she was septic. She underwent a Roux-En-Y reconstruction on May 1, 2024.

D. Expert Opinions

I hold the following opinions to a reasonable degree of medical certainty:

1. Surgical Errors:
   • Dr. Evans breached the standard of care by failing to adequately clear and identify anatomical structures before clipping and cutting. The operative findings and pathology contradict his claims of extensive adhesions or an abnormally short cystic duct.
2. Bile Duct Injury:
   • A clip was placed across the common hepatic duct, causing permanent injury. Had an intraoperative cholangiogram been performed, this error would have been identified and rectified during surgery.
3. Postoperative Mismanagement:
   • Despite overwhelming evidence from radiological studies, Dr. Evans failed to diagnose and address the bile duct injury promptly, delaying critical intervention.
4. Proximate Cause:
   • Ms. Anthony’s prolonged treatment, including Roux-En-Y reconstruction, was directly caused by breaches of the standard of care.
   • The medical expenses incurred at both Midtown Hospital and Memorial University Hospital were reasonable and necessary.

E. Exhibits to Be Used at Trial

At trial, I intend to rely upon:

1. Medical records and imaging from Midtown Hospital, Memorial University Hospital, and Eastern Maryland Hospital.
2. Medical illustrations, animations, and demonstratives, including surgical videos of laparoscopic cholecystectomy and Roux-En-Y procedures.
3. Anatomical models of the gallbladder and bile ducts.

I certify that this report reflects my complete and accurate opinions, formed to a reasonable degree of medical certainty. I reserve the right to amend or supplement this report as new evidence becomes available.

Final Thoughts

This sample medical expert report provides a practical framework for crafting a comprehensive and defensible medical expert witness report. Again, whether you’re preparing for medical expert testimony or drafting an expert witness report for a malpractice case, understanding how to structure your findings, opinions, and qualifications is critical.  You want to take this part of the process very seriously.

As shown in this medical expert report example, clearly outlining breaches in the standard of care and establishing causation are central to building a strong case. If you’re seeking additional examples of expert witness reports or need guidance on how to write a medical expert witness report, we have more resources below.

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