Toxicology is essentially the study of poisons. It’s about understanding the dose of a chemical, how it enters the body, how the body processes it, and how long it stays in the system.
And by “poison,” we really mean any chemical, because any chemical can become toxic depending on the dose and the exposure route.
About Toxicology and Law
Toxicologists are often thought of in criminal cases, thanks to TV shows like Law and Order. But most of their work, about 90 to 95%, is in civil litigation. While criminal cases are interesting, most toxicologists deal with drug and alcohol cases in civil settings.
A big part of the job is looking at toxicology reports and figuring out whether a substance played a role in an incident.
For example, in a case involving methamphetamine intoxication, a toxicologist would review the toxicology report, medical records, and any available imaging.
Long-term meth use, for example, can cause damage to the brain that shows up in scans. This can help determine whether someone was impaired at the time of an event.
Helping Lawyers Understand the Science
For attorneys wondering if they need a toxicologist, the best advice is to call one. Even a quick call can help figure out whether a substance could have caused an injury or event.
These initial consultations are often free, and the toxicologist can give a quick opinion based on the exposure described.
Toxicologists work with many substances, from blood thinners and antidepressants to THC. A positive THC urine test doesn’t necessarily mean someone was impaired. The specifics of the substance and exposure are always important.
Working with Attorneys
The most important thing when working with a toxicologist is to stay objective. Toxicologists look at the data and give conclusions based on science, not advocacy. Attorneys shouldn’t tell the toxicologist what opinion to provide.
Good communication is key. There have been cases where a lack of communication about challenges, like a Daubert-type challenge, led to frustration. A toxicologist should always be informed if their opinion is being questioned.
In terms of time management, toxicologists prefer at least a week to prepare a report. Although sometimes they are asked to prepare a report in a short amount of time, this is not ideal and may affect the quality of the work.
Ethics in Expert Testimony
It’s a red flag if an attorney asks an expert to provide a specific opinion without allowing them to review the evidence. Science should always guide expert testimony.
Providing opinions without scientific backing can cause serious problems, especially if the expert has to defend their report in court.
Toxicologists may also need to rebut expert reports that are scientifically flawed. While it is straightforward to point out mistakes, it’s rarely enjoyable, as it involves addressing errors in another expert’s work.
A Day in the Life
Much of a toxicologist’s work involves reviewing documents, reading case files, and summarizing depositions.
Staying up to date with the latest scientific research is also important, as science is always changing.
For example, if a toxicologist is working on a methamphetamine case, they need to review the latest research to ensure their conclusions are accurate.
While many people think expert work is mostly about testifying in court, that’s actually a small part of the job. Toxicologists testify in court only a couple of times a year. Most of the work involves writing reports, consulting with attorneys, and having phone calls with clients.
Consistent communication with clients is important. If an attorney hasn’t been in touch for a couple of weeks, it’s helpful to schedule a check-in to discuss progress or ask for more information.
Toxicologists often help attorneys write deposition questions, especially in cases involving THC or alcohol. This involves narrowing down when the substance was used in relation to the event.
Toxicologists also help attorneys create questions for opposing experts, highlighting any inconsistencies or errors in their reports.
Choosing the Right Expert
When selecting an expert, attorneys should focus on their qualifications, not whether they will agree with a predetermined conclusion. It’s important to look at the expert’s background to make sure they are qualified for the subject.
For example, an expert with a background in neuroscience is well-suited to assess drug mechanisms, but a geologist with a PhD would not be qualified to discuss the effects of THC on the brain.
Experts should stay within their area of expertise. If an expert agrees to give an opinion outside their qualifications, it’s a red flag.
Retention and Workflow
The process usually starts with an inquiry to determine whether the case fits the expert’s area of expertise. If it does, the client reviews the expert’s CV and approves the rates. A conflict check is done before any files are shared to avoid potential conflicts of interest.
Once retained, the expert doesn’t always need every document. More documents don’t always mean better results.
For example, in an intoxication case, a toxicologist probably doesn’t need many documents from a rehabilitation program that happened a year after the incident unless it’s relevant to post-incident drug use.
The expert then reviews the scientific literature, referencing peer-reviewed journals and scientific publications. Experts should avoid citing unreliable sources like popular media.
After the review, the toxicologist shares their preliminary opinions, which can vary depending on the case’s complexity. In cases involving multiple substances, the toxicologist may provide several opinions, each addressing a different part of the case.
The case then moves forward, often through depositions or mediation. Most cases settle before going to trial, but if necessary, the expert will testify in court.