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Should You Hire an Expert Witness or an LNC First?

Arlyn Fillmore, RN, CLNCApril 23, 2026
Should You Hire an Expert Witness or an LNC First?

They are not the same role, and using them in the wrong order wastes time and money. Here is how to think about the sequence.

Attorneys working medical malpractice cases face this decision early: do you call an expert witness first, or do you bring in a legal nurse consultant? They are not the same thing, and using them in the wrong order costs time and money.

What an Expert Witness Does

An expert witness is a licensed medical professional, usually a physician or specialist, who can offer a formal opinion on the standard of care and testify in court. They are essential. They are also expensive, and they expect the records to be organized before they see them. Most charge for every hour they spend sorting through disorganized documentation.

What a Legal Nurse Consultant Does

A legal nurse consultant reviews medical records first. We build timelines, identify gaps, flag inconsistencies, and give you a clear picture of what the records actually say before you spend money on an expert. We can also tell you which specialty of expert you need, which saves time if you were about to hire the wrong one.

The Practical Order

Start with an LNC review. If the records support a viable case, you will know which specialty to look for in an expert, which specific events to focus the expert's review on, and where the documentation is weakest. Your expert then reviews a targeted, organized set of materials instead of twelve volumes of raw chart. That usually cuts their review time in half.

If the records do not support a case, you find out early, before you have spent several thousand dollars on expert fees.

When to Skip Straight to the Expert

If the medical issue is highly specialized and you already have a clear liability theory, you may go straight to an expert. But even then, having an LNC available during deposition prep to help formulate questions and flag areas the expert might miss is worth it.

The two roles complement each other. Used in the right sequence, they make your case stronger and your budget go further.

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Arlyn Fillmore, RN, CLNC

Legal Nurse Consultant, RN · Fillmore LNC

With over 20+ years of clinical experience across surgical specialties, Arlyn Fillmore translates complex medical records into clear, compelling analysis for attorneys practicing nationwide.