Who hires an expert consultant/witness?
An expert witness may be hired by an attorney (plaintiff or defendant) or insurance company. Occasionally a court will appoint an expert to advise the court. Most cases involving allegations of malpractice will have more than one expert (generally an expert hired by the plaintiff and another hired by the defense). Many states require that an expert in the field certify the plaintiff’s malpractice case. An individual or patient will sometimes hire an expert. Some attorneys will bear the costs of the case (which may include the costs of expert) while others will not.