Expert testimony is often a vital part of a case. The court must decide whether expert testimony is admissible. Whether or not an expert’s testimony is admissible depends on several factors. The court’s decision is not the only factor that will affect the admissibility of expert testimony. There are many other requirements.
First, the expert must have extensive professional knowledge and skills in a particular area of the case. This knowledge must be above the level of the jury’s knowledge and experience. This does not necessarily mean that the expert is the most knowledgeable person in the field or knows every detail of the case. Their testimony is admissible if they use relevant and accurate data and follow accepted standards of practice.
Another important consideration is the credibility of the expert’s opinion. Expert testimony based upon scientific research can be subjected to considerable scrutiny and criticism. Expert testimony that is not supported by data or underlying assumptions can be discredited. The court has stricter rules when it comes to evaluating experts’ reliability.
Lastly, expert witnesses must be compensated for their participation in a case. This is especially true when there is a chance that the expert’s testimony will be used to settle the case. Expert testimony can make or break a case. Expert testimony can give credibility to arguments made between the parties, tie together theories and prove the ultimate issue in a case.
Expert testimony can be persuasive but the courts must exclude unreliable evidence. They have created a process to evaluate the reliability of expert witnesses and decide whether the jury should allow them to testify. It will be admissible if the expert’s testimony proves reliable and useful to the trier. Advocates must be aware of the qualifications of the experts they are hiring.
To be qualified to provide expert testimony, the expert must have been in the practice of emergency medicine for three years prior to the case. They must also have current and ongoing knowledge in their area of expertise. If the expert testifies about a patient’s injury, the expert must be able to determine the cause of injury.
Expert testimony can be challenged by a variety of factors. A court may ask whether the testimony is scientifically or technically sound. If the expert’s opinion is based on his or her experience, the court may ask whether the expert was qualified for the work. This question was not raised in a particular case. However, Daubert does not definitively answer the question.
Because of the unresolved issues they may raise, the Court should not accept expert testimony based upon epidemiological studies. These studies are not scientific enough to prove causality. However, courts should avoid expert testimony based on animal studies.
About Bill Hartzer
Bill Hartzer is CEO of Hartzer Consulting, a Texas-based search engine optimization and online reputation management consulting company. Mr. Hartzer has been providing digital marketing and domain name, as well as SEO expert witness services for legal cases worldwide, and practicing organic SEO since 1996.