Forensic, General & Medical
Expert Witnesses

Emergency Medicine and Toxicology Expert Witness

Barry E. Gustin, MD, MPH, FAAEP

Barry E. Gustin, MD, MPH, FAAEP

2928 Derby Street
Berkeley, California 94705

Phone(510) 549-1041
Fax (510) 549-3268

E-mail  Send an email

Expert WitnessForensic Expert
Dr. Gustin is a board certified Emergency Physician in active practice who has testified in medical legal cases for defense and plaintiff involving all aspects of Emergency Medicine, Emergency Medical Services (EMS), Toxicology, Public Health, Travel Medicine, Wilderness Medicine, Food and Waterborne Diseases, and Pharmaceutical Medicine. He is the former Director of AMFS, Inc. (American Medical Forensics Group—a national forensics company) and the primary founder of the American College of Forensic Medicine.


Dr. Gustin's education, training, and experience qualify him to evaluate and testify regarding a broad range of cases, including:

· All aspects of Emergency Medicine, medical and surgical
· All aspects of Emergency Medical Ambulance Services
· Trauma
· Urgent and Primary Care
· Medical Toxicology and Poisoning (e.g., accidental overdose, carbon monoxide poisoning, occupational toxic exposures)
· Mechanisms and Forces of Injury in Criminal Cases
· DUI cases
· Substance Abuse and Addiction
· Wilderness Medicine
· Travel Medicine
· Nutritional Diseases and Nutritional Supplements
· Sports Medicine
· Hospital Malpractice
· Public Health (e.g., Legionnaire's Disease and other Outbreak Disease including Food and Waterborne Diseases)

Here are some services Dr. Gustin can provide to ensure your case has the expert evaluation and support critical to accuracy and success of your case.

· Flat rate screening of any and all medical legal cases, criminal or civil, for merit, create and sign affidavits of merit in states requiring affidavits, and provide case strategic planning. He is qualified to do this in any medical specialty area because of his extensive cross-specialty training and experience as an emergency physician and because of his experience personally evaluating thousands of cases over 20 years as medical director of American Medical Forensics Group, a nationwide medical expert consulting firm.
· Provide Affidavits of Merit for a flat fee.
· Review cases as a potential testifying medical expert in his fields of expertise: Emergency Medicine, Medical Toxicology, Forensic Medicine, Addiction, Poisoning and Substance Abuse, Public Health, Travel and Wilderness Medicine, Nutrition, and Pharmaceutical Medicine.
· Prepare attorneys for deposition and trial with regard to the examination of medical experts and medical defendants.
· Perform literature reviews upon request.

Litigation Support Services

Dr. Gustin is available to assist potential litigants evaluate all cases related to his areas of expertise. Specialties also include linking observed illnesses & possible exposure to toxic chemicals to determine whether associations are causal in nature, evaluating the nature & severity of observed health effects, & assessing the potential for chronic long-term health effects.

Areas of expertise:

• Primary Care
• Emergency Medicine and Critical Care
• Emergency Medical Ambulance Services
• Trauma
• Medical Toxicology and Poisoning
• Public Health
• Sports Medicine
• Wilderness Medicine
• Substance Abuse and Addiction Medicine
• Nutritional Diseases (Diet and Disease)
• Legal Medicine
• Mechanisms and Forces of Injury

Areas of Expertise

Additional Expertise:

Wilderness Medicine; Poisoning.


Dr. Gustin has had extensive experience over the last twenty five years as an expert witness. During that period he has evaluated and analyzed thousands of medical-legal cases. He is able to provide an insightful and detailed analysis of cases ranging from the simplest outpatient cases to the most complex hospital cases. His unique qualifications including board certification in Emergency Medicine, Masters degrees in Nutritional Sciences and Public Health, and second residency training in Epidemiology, Public Health, and Preventive Medicine enable him to analyze complex cases that could otherwise require several experts from different specialties to evaluate. Those same qualifications, along with established presentation skills, ensure credibility with opposing counsel and jurors.

Dr. Gustin is available to assist potential litigants evaluate all cases related to his areas of expertise. Specialties also include linking observed illnesses and possible exposure to toxic chemicals to determine whether associations are causal in nature, evaluating the nature and severity of observed health effects, and assessing the potential for chronic long-term health effects.

Consulting Practice

All States

More Information

About Barry E. Gustin, MD, MPH, FAAEP - Expert Witness
Emergency Medicine Expert Witness
Dr. Gustin's Blog, Medical-Legal Consultant
Barry E. Gustin Client Testimonials, Forensic Consultant
Submit Your Case to Dr. Gustin for Review, Legal Consultant
Toxicology Expert Witness

Professional Experience

1984 - 1985 Emergency Physician
Kaiser Foundation Hospital
Walnut Creek, California

Emergency Physician
Kaiser Foundation Hospital
Richmond, California

1985 - 1987 Emergency Physician
Lawrence Hospital
Bronxville, New York

Emergency Physician
St. John's-Queens Hospital
Queens, New York

Emergency Physician
New Rochelle Hospital
New Rochelle, New York

1987 - 1988 Emergency Physician
Marin General Hospital
Greenbrae, California

1987 - 1989 Emergency Physician
Samuel Merritt Hospital
Oakland, California

Emergency Physician
Delta Memorial Hospital
Antioch, California

1988 - 1991 Emergency Physician
Providence Hospital
Oakland, California

1988 - 1994 Emergency Physician
Kirkwood Ski Area Medical Clinic
Sierra Nevada Wilderness
Kirkwood, California

1991 - 1994 Emergency Physician
Emergency Physicians Medical Group
Brookside Hospital
San Pablo, California

1994 - 2004 Emergency Physician
Kaiser-Permanente Hospital
Oakland, California

1998 - 2006 Attending Physician and Medical Director
Camp Tawonga (wilderness summer camp for children)
Mathers, California

2004 - Present Emergency Physician, Active Staff
California Emergency Physicians Medical Group
Alameda Hospital
Alameda, California


California Active Medical License: G52596
Board Certified: American Board of Emergency Medicine
Board Certified: American Board of Forensic Medicine
Board Eligible: Medical Toxicology
Fellow: American Academy of Emergency Medicine
Fellow: American College of Forensic Medicine
Advanced Trauma Life Support Certified
Advanced Cardiac Life Support Certified
Advanced Pediatric Life Support Certified
California State Certified to Supervise and Teach Physician's Assistants and Nurse Practitioners

Legal Experience & Services

Dr. Gustin has been in the active practice of Emergency and Forensic Medicine for 25 years. He is board-certified in Emergency Medicine and has Master's Degrees in Nutrition and Metabolism, Toxicology and Public Health. He is the primary founder of the American College of Forensic Medicine and a past Medical Director of the American Medical Forensics Group. He has personally reviewed and analyzed for merit thousands of medical legal cases in all medical specialties since 1990. His unique qualifications in medicine and medical forensics along with effective communication skills and extensive experience as a medical record analyst and expert witness ensure credibility before opposing counsel and juries.


Medical Board of California, Division of Medical Quality, Expert Reviewer
Medical Expert Consultant in Emergency Medicine for HCFA
Associate Director/Contract Manager, Department of Emergency Medicine, Providence Hospital, Oakland, Ca.
Consultant to the California Health Services Dept, Vector-Borne Disease Section
Guest Lecturer, University of California, Public Health Dept.
Medical Director, Advisory Board of Physicians, American Medical Forensics Group, Inc., Berkeley, Ca.
Interprofessional Committee, Alameda-Contra Costa Medical Association (ACCMA)
Professional Liability Committee, ACCMA
Professional Standards Committee, ACCMA
Public Health Committee, ACCMA
Emergency Services Committee, ACCMA
Legislative Committee, ACCMA
Board of Advisors for Professional Standards, American College of Forensic Examiners (ACFE), Springfield, MO
Executive Board of Scientific and Technical Advisors, ACFE, Springfield, MO


Society of Teachers of Emergency Medicine
Partner, California Emergency Physicians Medical Group
Society for the International Advancement of Emergency Medical Care
Member, Emergency Physicians Medical Group
Associate, American College Of Legal Medicine
Member, National Council For International Health
Member, American Society of Law, Medicine & Ethics
Member, American Public Health Association
Member, American Medical Informatics Association
Founding Member, American College of Forensic Examiners
Founder, American College of Forensic Medicine
Founding Member, American Academy of Emergency Medicine
Member, American Medical Informatics Association
Medical Advisor and Member, Board of Trustees, University of California, Berkeley
Wilderness Medical Society
American Academy of Clinical Toxicology
American College of Medical Toxicology
American Association of Poison Control Centers

Awards & Honors

Bethesda Conference on the Prevention of Coronary Heart Disease, Award Recipient
Nutrition and Preventive Medicine Section, American Medical Students Association
Joseph Goldberger AMA Scholarship in Clinical Nutrition
National Registry of Forensic Medical Examiners
National Register's Who's Who in Executives and Professionals

2004 America's Top Physicians Award, Consumer's Research Council of America, Washington, DC

Seminars & Training

Advancements in Emergency Medicine
Pediatric & Adult Toxicologic Emergencies, Poisoning & Drug Overdose
The Emergency Management of Trauma
Pain and Anxiety Management in Pediatric Emergency Medicine
Regional Community Health Information Network Development
CNN National Radio Network: Medical Malpractice Roundtable
Ongoing: Numerous lectures and presentations


Gustin, BE et al: The Preparation of Future Medical Practitioners: Prevention of Coronary Artery Disease. American J Cardiology, 47:713, 1981.
Gustin, BE and Gernsheimer, J: Critical Decisions in Emergency Medicine. Hospital Therapy, 12 (7): 21-32, 1987
Gustin, BE: Emergency Medicine in Chile. The Society for International Advancement of Emergency Medical Care. March 1995.
Gustin BE, Rutherford GW, Milea A: Waterborne Disease. Current Issues in Public Health. 1996; 2:106-117.
Gustin, BE: The Development of a County-Based Public Health, Data, Information, and Resource Network: Framing the Concepts and Issues. Regent Press:Oakland, California , p.111, 1997.
1997 Guide to Health Care Resources on The Internet. Faulkner & Gray Publishers:New York, p.550, 1996.
Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them: Steven Lubet. National Institute For Trial Advocacy. 1998
Gustin, BE, Jones JR, Maggie, J: Managing Bodily Injury Claims. First Edition. Insurance Institute of America: Malvern, Pennsylvania, p.257, 1999.
Gustin, BE: The Medical Records: The Parameters of Your Medical-Legal Case. Lawyer's Guide to Medical Proof, Volume VII. Chapter 108. Matthew Bender & Co.:New York. December, 1998.
Gustin, BE, Kivela, P.: AMFS Proposal in Response to RFP #00MC-SA013, SB12-SB55-Independent Medical Review: California Department of Managed Health Care, Sacramento, California. p. 242, November, 2000.
Gustin, BE: When To Say 'No' To A Medical Negligence Case. Syndicated to: St. Louis Daily Record, St. Louis Countian, The Courier Post, The Kansas City Daily Record, St. Louis Lawyer. p. 3B-5B January 23, 2001.
Gustin, BE, Sullivan, D. Garth: Selecting the Right Medical Expert. Medical Malpractice Supplement to The Recorder. An American Lawyer Media, Inc. daily publication. San Francisco, California. May 5, 2003. p.8-9.

Professional References

References Upon Request


University of Vermont, Burlington, Vt, B.A. Biochemistry, Zoology
Goddard College, Plainfield, Vt. M.A. Nutritional Biochemistry
George Washington University School of Medicine, Washington, D.C., M.D.
Highland General Hospital, University of California, Oakland, CA, Internship (Rotating)
New York Medical College, Lincoln Medical & Mental Health Center, Emergency Medicine Residency, Bronx, NY
New York Poison Control Center, Toxicology, New York University, NY, NY
University of California, San Francisco, Preventive Medicine Residency
University of California, Berkeley, School of Public Health, Masters in Public Health, (M.P.H.)
California Coast University, Santa Ana, CA, School of Business Administration and Management, (M.B.A.)

Articles Published by Barry E. Gustin, MD, MPH, FAAEP

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