Expert testimony is often a vital part of a case. However, the court must determine whether an expert’s testimony is admissible. There are many factors that will determine whether or not expert testimony is admissible. The court’s decision is not the only factor that will affect the admissibility of expert testimony. There are many other requirements.
First, an expert must have substantial professional knowledge and skill in a specific area of the case. This knowledge must be above the level of the jury’s knowledge and experience. This does not necessarily mean the expert is the most knowledgeable in the field or has all the details of the case. Their testimony is admissible if they use relevant and accurate data and follow accepted standards of practice.
Another key consideration is the reliability of the expert’s opinions. Expert testimony based upon scientific research can be subjected to considerable scrutiny and criticism. Expert testimony can be discredited if it is not backed by the data or by underlying assumptions. The court has stricter rules when it comes to evaluating experts’ reliability.
Expert witnesses must be compensated for their involvement 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 be a game changer and can either make or break the 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 developed a process that evaluates the reliability of an expert witness and decides whether the testimony should be allowed by the jury. If the expert’s testimony is reliable and useful to the trier of fact, it will be admissible. Advocates must be aware of the qualifications of the experts they are hiring.
Expert testimony is only available to those who have been practicing emergency medicine for at least three years before the case. They must also have current and ongoing knowledge in their area of expertise. Experts must be able determine the cause of injury if they are asked to testify about patient injuries.
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. Although this question has not been discussed in the case of a particular case, the decision in Daubert is not a final answer on the admissibility of expert testimony.
Because of the unresolved issues they may raise, the Court should not accept expert testimony based upon epidemiological studies. These studies are rarely 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.
