Litigation - The Role of the Expert Witness

Author: beyli

Author: beyli

Modern society is run pursuant to the rule of law. For all the groaning this results in, not to mention lawyer jokes, the rule of law allows us to set forth basic methods of doing things such as contracts and rules of conduct. When a dispute arises, however, litigation can commence. When the matter is something intellectually complex, the use of an expert witness is called for. So, just what is an expert witness? Well, it is someone who is considered knowledgeable in a particular field based on their training and experience. An oncologist who has worked for 20 years is an expert when it comes to diagnosing and treating cancer. A dentist with 15 years of experience is an expert on gingivitis. The list is really endless, but calls for someone who "knows there stuff" in a particular field. Why do we have expert witnesses testify in cases? Their role is to take a complex issue for which a jury probably has no expertise and explain it to them in laymen's terms. A classic type of litigation where this almost always occurs is in medical malpractice. Let's say a lawsuit arises over whether a psychiatrist should have prescribed a particular drug to a patient. A person in a jury is not going to know or understand the chemical makeup of the drug, the standard of care a psychiatrist is supposed to use when determining whether the drug is appropriate for the patient, nor whether the drug caused a negative reaction. The psychiatric expert witness is tasked with making all of this understandable. There is a bit of a catch-22 when it comes to experts in trial. The problem is each side gets one. As you might imagine, the expert for each side tends to have a very different opinion than the one on the other side. Given the complexity of some cases, many lawyers feel the outcome often boils down to which expert the jury finds the most agreeable. That can sometimes lead to very poor results. Expert witnesses have been used in court cases for about as long as the court system has existed. Their presence should actually increase as we move into a more complex society in the future. About the Author:

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