Re: Choices - choose a lawyer? or not?

From: DoctorJoe@aol.com
Sun Mar 21 12:18:50 2004


In a message dated 3/21/04 12:03:52, heidi@nybble.net writes:

> Why do the 'expert witnesses' get to base their opinions on anything but
> the
> existing research in the field?
>

Back to the original question about the law, Heidi.

"Expert" witness, more and more, are NOT able to base their opinions on anything BUT research and existing data. The legal standard for expert witnesses has changed recently, and more and more, experts are being disqualified as experts when they try to testify in court based on "I've been a practicing physician for FORTY YEARS, young man, and my opinion is impeccable."

The legal process is called a "Daubert hearing," based on the Daubert case, obviously, wherein the side presenting the expert has to qualify him AS an expert, and the other side can shoot him down (figuratively speaking) if they demonstrate to the court that his "expertise" has no factual/scientific basis.

I think your observations on this topic are going to change in the near future, since the tide is turning AGAINST "experts" and FOR "scientific/EBM/factual experts."

Joe P.





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