The first thing to do is wait for the jury's verdict. When an opposing expert says things that are not true or are unprofessional on the witness stand, an alert defense attorney immediately objects and counters the assertions on cross-examination. If the testimony is a complete surprise, the attorney may not be able to effectively counter it, even with the defendant's on-the-spot medical advice. The next line of defense is the defense expert's testimony, which almost always follows. If this expert went first (“out of order”) because of other professional commitments, he or she may need to be brought back to the stand for further testimony. The defense summation is the final chance for a comeback. Talking to the judge personally about the concerns is not appropriate, nor can the judge declare a mistrial except in limited circumstances. The defendant can never declare a mistrial. If the tainted testimony results in a judgment against the defendant, an immediate appeal is appropriate. The defendant certainly should contact the local and state medical societies about the expert, as they may have information on his prior activity, even if he comes from another state. Trial testimony also can be reviewed by medical societies to see if it falls outside the standard for an expert in the defendant's specialty and, in many cases, medical societies have jurisdiction to bring the matter to the state medical board or even to another state board, if the prosecution's expert is from another state. The expert's specialty academy also can review expert testimony if the expert is an academy member and can censure him or her if they agree the testimony fell outside professional bounds. A defendant cannot sue an expert for malicious prosecution; that is only a remedy against a plaintiff's attorney who files a clearly frivolous case.