Strauss was close. When retaining a potential expert, asking the right questions at the outset of the retention process will lead to an opinion you can use to help determine the relative strengths and weaknesses of the claim. The opinion may not be the "right" answer in terms of defending the case, but it will help determine the direction the claim should take: trial or settlement.
But the questions to be asked are not just questions to ask the expert. Claims professionals must ask themselves some questions even before the expert is retained. The first question is basic: What kind of expert do we need? While the question seems simple on its face, in reality the answer may be harder then it appears at first blush.
Local statutes may play a role in the determination. For example, in Michigan medical malpractice actions, statutes related to experts require the qualifications of a defense expert to match that of the defendant doctor. A case involving a board-certified orthopedic surgeon defendant will need a board-certified orthopedic surgery expert, not just a general surgeon who occasionally performs such surgeries.
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