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Related Experiment Videos

Expert testimony: a perspective from the trenches.

Terence S Hawkins1

  • 1New Haven, CT 06510, USA. terry.hawkins@snet.net <terry.hawkins@snet.net>

Journal of the American College of Radiology : JACR
|April 7, 2007
PubMed
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The legal definition of an expert witness differs from common usage, requiring only qualification to offer an opinion, not necessarily the "correct" one. This low threshold in medical malpractice cases is often met by board certification.

Area of Science:

  • Medical Law
  • Legal Medicine
  • Medical Litigation

Background:

  • Physicians often misunderstand the legal definition of an expert witness, confusing it with ordinary usage.
  • This semantic confusion fuels resentment among medical professionals who testify in legal cases.
  • The legal standard for an expert is qualification to offer an opinion, not necessarily holding the universally accepted view.

Purpose of the Study:

  • To clarify the legal definition and role of expert witnesses in medical litigation.
  • To address the controversy surrounding expert testimony in medical malpractice cases.
  • To explain the admissibility criteria for expert opinions in legal proceedings.

Main Methods:

  • Analysis of legal definitions and standards for expert testimony.

Related Experiment Videos

  • Examination of the criteria for admissibility of expert opinions in court.
  • Discussion of the implications of physician's participation in expert witness testimony.

    • Main Results:

    • Legally, an expert is defined as someone qualified to offer an opinion, regardless of whether it is the "correct" opinion.
    • The admissibility threshold for expert testimony is generally met by board certification in the relevant medical specialty.
    • Obvious negligence in medical malpractice cases may not require expert testimony, as a lay jury can infer it.

    Conclusions:

    • The legal definition of an expert witness is distinct from common understanding, focusing on qualification rather than correctness of opinion.
    • Board certification typically satisfies the low admissibility bar for expert testimony in medical malpractice.
    • Abuses in expert testimony can arise partly from ethical physicians' reluctance to testify, creating opportunities for less scrupulous individuals.