Re: FYI - the Daubert case/concept

From: DoctorJoe@aol.com
Sun Mar 21 12:51:38 2004


In a message dated 3/21/04 13:44:52, DoctorJoe@aol.com writes:

> Joe P.'s NOTE: As you can see, the trial judge has to rule on whether the
> expert's testimony rests on reliable foundation (e.g. EBM, data, literature),
> and also whether it's relevant to the case. This has led to the so-called
> Daubert hearing, where an expert is trotted in front of the court and questioned
> NOT about his qualifications and training, but about whether his opinion ON
> THIS CASE is based on any scientific fact, literature, etc. (NOT including
> his own personal feelings, nothing more than feelings).
>

Also realize: Daubert is not only for medical cases - it's for ALL experts. So if you have a lawsuit about your car, an "expert" mechanic has to meet the Daubert qualifications. If you have a plumber problem, the plumbing "expert" has to pass muster, too. Anyone who's an expert, from nuclear rocket scientists to police radar experts, has to base their "opinion" on scientific fact, not their own feelings/opinion.

Joe P.





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