There is no end in sight to the frequency with which physicians, nursing professionals and other healthcare providers will become lawsuit targets in our litigious society. While politicians, practitioners, insurance companies and trial attorneys debate the nation's chronic "malpractice crisis", suits continue to be filed. In addition, once COVID-19 is behind us and the unprecedented public support for health care providers wanes, as it will, it is anticipated that physicians and nurses will become malpractice defendants to a remarkable degree.

National legislative fact-finding committees and investigative bodies, which may be charged with the responsibility of pursuing a solution, likely will never achieve a global remedy. Although curtailed by some states, national legislation has not addressed baseless malpractice suites or grossly excessive monetary verdicts. Another approach exists, however.

Health care providers can impact the existing system and influence the malpractice environments in a tangible, positive and powerful fashion. Although there will be debate over tort reform in order to bring some degree of protection to the malpractice defendant, individual case success, defined from the defendant's perspective as a "no-cause" trial verdict, can be realized if well-credentialed and experienced health care professionals are willing to assist the malpractice defense bar as expert witnesses. The benefits to the health care community and the individuals who are willing to participate are innumerable and worth considering.

Jeffrey A. Krompier, Esq. is the founder of Krompier & Tamn, L.L.C. (www.krompiertamn.com) and its senior attorney. Mr. Krompier has more than 35 years of litigation experience. Throughout his career, Mr. Krompier has been certified and recertified five times by the New jersey Supreme Court as a Civil Trial Attorney. In 2012, he received certification in Civil Trial Advocacy by the ABA accredited National Board of Civil Pretrial Practice Advocacy. In 2017, Mr. Krompier was recertified in Civil Trial Law and Civil Pretrial Practice Law by the National Board of Trial Advocacy. He is a member of the American Bar Association, American Board of Trial Advocates with Advocate ranking and is a lifetime charter member of Rue Ratings' Best Attorneys of America. For the last 14 consecutive years (2007-2020) he was named a New Jersey Super Lawyer and has been listed in Super Lawyers magazine corporate counsel (2009-2011) and business (2011-2018) editions. In 2014, Mr. Krompier was named an Elite American Lawyer and honored for excellence in the law (2014-2015) by Worldwide Registry. In 2014, 2015, 2016 and 2017 he was named one of America's Most Honored Professionals by the American Registry. In addition, Mr. Krompier is a named expert in the field of medical and dental malpractice defense litigation by Worldwide Who's Who and in 2015 became a lifetime member of Trademark Who's Who Honors Edition. In 2017, he was included in Worldwide Publishing's "Top Lawyers - The Secrets to Their Success." In 2018 and 2019, Mr. Krompier was named one of America's Top 100 High Stakes Litigators for New Jersey. He also was named one of America's Top 100 Civil Defense Litigators for New Jersey. Mr. Krompier is a member of the New Jersey Bar (1980) and the New York Bar (1988) and has been admitted to the U.S. District Court for the District of NJ (1980) and the U.S. Court of Appeals for the Third Circuit (1986).

There is no end in sight to the frequency with which healthcare providers become lawsuit targets in our litigious society. While politicians, practitioners, insurance companies and trial attorneys debate the nation's "malpractice crisis", suits continue to be filed. In addition, once COVID-19 is behind us and the unprecedented public support for healthcare providers wanes, as it will, it is anticipated that physicians and nurses will become malpractice defendants to a remarkable degree.

Public fact-finding committees and investigative bodies, which may be charged with the responsibility of pursing a solution, likely will never achieve a global remedy to the "malpractice crisis". Legislation has not ever universally curtailed baseless malpractice suits or grossly excessive monetary verdicts. Another approach exists, however.

Healthcare providers can impact the existing system and influence the malpractice environment in a tangible, positive and powerful fashion. Although there will be a debate over tort reform in order to bring some degree of protection to the malpractice defendant, individual case success, defined from the defendant's perspective as a "no cause" trial verdict, can be realized if well-credentialed and experienced healthcare professionals are willing to assist the malpractice defense bar as expert witnesses. The benefits to the healthcare community and the individuals who are willing to participate are innumerable and worth considering.

CONTENTS Preface Chapter One INTRODUCTION - BASIC REQUIREMENTS Time and Flexibility Communication Skills Team Participation

Chapter Two ATTORNEY'S PERSPECTIVE Expert Fees Availability Accessibility Cooperation Credentials Reasonable Standards Report Preparation Insulation From Collateral Attack Handling Examination Credibility Personality Appearance

Chapter Three JURY'S PERSPECTIVE Presentation Organization Subject Familiarity Question Responsiveness Interpersonal Connection Testimony Content Trial Aids Intangibles

Chapter Four CASE PARTICIPATION Telephone Conferences Document Review Case Assessment Literature Review Supplemental Document Review Deposition Testimony General Assistance Trial Stage

Chapter Five THE EXPERT OPINION Verbal Opinion Written Report Materials Reviewed Facts Issues Opinions Foundation for Opinions Ultimate Conclusion Independent Medical Examination Potential Pitfalls Issue Identification Comprehensive Opinions Opinion Foundation Causation Overreaching Attorney Summaries Items Reviewed Factual Accuracy

Chapter Six THE DEPOSITION Location Fees Transcript Purpose Attire Deposition Preparation Available Documents Areas of Examination Gratuitous Testimony

Chapter Seven THE TRIAL Fees Pre-trial Preparation Understanding Your Environment Trial Sequence Intra-trial Events Understanding Your Role Courtroom Demeanor Testimony Chapter Eight CREATING AN EFFECTIVE CURRICULUM VITAE Education and Training Board Certification Hospital Affiliations Academic Positions Professional Organizations Military Experience Awards and Honors Publications, Presentations, Seminars and Lectures Athletic Program Affiliations Public Service Media Appearances

Chapter Nine GETTING STARTED Your Malpractice Attorney Liability Carriers/Brokers Colleagues, Patients and Attorneys Advertisement Expert Agencies Mass Mailings Websites

Chapter Ten RULES OF CONDUCT Chapter Eleven ACCEPTING THE CHALLENGE