The word "versus" in the title presents what we think is one of the most important problems of plaintiff trial lawyers today. After years of preparation, we submit our case to a jury; our medical witnesses offer testimony based on long time observation, treatment and evaluation. Then, in walks the defendant's doctor and proceeds to plunge a dagger into our case by calling our client either a malingerer or a neurotic, or just a plain liar. He testifies that he saw none of the objective signs that our medical examiners found, and concludes that all of the subjective complaints are imaginary or faked. Call it by any other name, it is murder in the courtroom. Your case may expire under the knife of this witness, right then and there.
David I. Sindell & Irwin N. Perr, Subjective Complaints v. Objective Signs, 12 Clev.-Marshall L. Rev. 42 (1963)