Is Expert Testimony Inadmissible?
Expert testimony is often a vital part of a case. The court must decide whether expert testimony is admissible. There are many factors that will determine whether or not expert testimony is admissible. In addition to the court’s decision, the witness’s testimony is subject to a variety of requirements.
First, an expert must have substantial professional knowledge and skill in a specific area of the case. This knowledge must be at the same level as the jury’s experience and knowledge. 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 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. Moreover, the court’s rules are more strict when it comes to evaluating the reliability of experts.
Expert witnesses must be compensated for their involvement in a case. This is especially true if the expert’s testimony could 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.
Though expert testimony is highly persuasive, the courts have a duty to 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. 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.
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. In addition to this, they must have current and continuing knowledge in the area of their 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. For instance, a court should consider whether the testimony is scientific or technical. 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.
The Court should not admit expert testimony based on epidemiological studies because of the unresolved questions they may raise. 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.
