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Expert Witness Guidelines
Find useful guidelines for expert witness testimony
American Academy of Neurology Elaborates Expert Witness Guidelines
The American Academy of Neurology has updated its guidelines regarding physician expert witness testimony in legal proceedings. The guidelines appear in a special article online as an “expedited e-pub” of Neurology, the scientific journal of the American Academy of Neurology (AAN).
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Expert Witness Declaration - The Maria Teresa Macias Case
The following is the text of the expert witness declaration in the case of Macias vs. Sheriff Mark Ihde et al (sometimes, as in this document, refered to as Macias v Deputy Mark Lopez)
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Guidelines for expert witness testimony for the specialty of medical genetics
The American College of Medical Genetics (ACMG) recognizes that its members and others may be called upon to provide expert witness testimony in judicial proceedings regarding medical genetics and scientific matters. These proceedings may entail issues ranging from medical malpractice, invasion of privacy, personal injury, worker compensation, and child abuse to DNA identity testing in criminal and paternity cases. Concerns about the ethics and accuracy of expert witness testimony by physicians or scientists have been raised in recent years in a variety of medical specialties including pediatrics and teratology, neurology, and child abuse and maltreatment.
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Guidelines for Expert Witness Testimony in Medical Malpractice Litigation
The interests of the public and the medical profession are best served when scientifically sound and unbiased expert witness testimony is readily available to plaintiffs and defendants in medical negligence suits. As members of the physician community, as patient advocates, and as private citizens, pediatricians have ethical and professional obligations to assist in the administration of justice, particularly in matters concerning potential medical malpractice. The American Academy of Pediatrics believes that the adoption of the recommendations outlined in this statement will improve the quality of medical expert witness testimony in such proceedings and thereby increase the probability of achieving equitable outcomes. Strategies to enforce ethical guidelines should be monitored for efficacy before offering policy recommendations on disciplining physicians for providing biased, false, or unscientific medical expert witness testimony.
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Guidelines For The Expert Witness by Judge Timothy T. Daley
The expert witness has special knowledge or skill gained by education, training or experience and may be summonsed to court to give opinion or expert evidence during a trial, based on that person's field of expertise. Pre-trial preparation by the expert witness refreshes the level of expertise, enhances the quality of the opinion expressed, reduces stress and saves time. This paper outlines what preparations the expert witness should undertake before attending court and suggestions for giving testimony.
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Guidelines for the Physician Assistant Serving as an Expert Witness
A physician assistant may serve as a witness in a legal proceeding in one of several capacities.[1] These guidelines discuss serving as expert witness and giving opinions in professional liability (medical malpractice) cases. Accompanying notes and references outline other roles a PA may have as a witness or consultant, preparation for testifying, legal terms, strategies and tactics that may be encountered.
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Instructing Expert Witnesses: Guidelines for Solicitors
These guidelines are intended to assist solicitors in making effective use of expert witnesses, so that experts are better able to meet solicitors’ and the court’s needs, and solicitors can in consequence better serve their clients and the interests of justice. They are intended to be of general application and there are likely to be additional requirements relating to cases in specialised areas of law, for example children cases.
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North American Spine Society - Expert Witness Guidelines
NASS Expert Witness Guidelines The following are guidelines for testimony by members of NASS serving as Expert Witnesses in medical malpractice, products liability, personal injury, workers’ compensation, toxic tort, or other cases requiring medical testimony.
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Qualifications and Guidelines for the Physician Expert Witness
Physicians are frequently called upon to serve as a medical expert witness in a variety of court proceedings. At the present time, in many courts, criteria or guidelines for expert witnesses are inadequate and, as a result, any physician can testify as an expert witness. It is in the public interest that medical expert testimony be readily available, objective, and unbiased. To limit uninformed and possibly misleading testimony, expert witnesses should be qualified for their role and should follow some clear and consistent set of ethical guidelines. Recommendations for each are set forth below. These recommendations are not meant to refer to the treating physician who is called upon to testify in that capacity.
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Daubert Motion: A Legal Strategy to Exclude Essential Scientific Evidence in Toxic Tort Litigation
In the US Supreme Court’s Ronald L. Melnick, PhD Daubert v Merrell Dow Pharmaceuticals, Inc decision, federal judges were directed to examine the scientific method underlying expert evidence and admit that which is scientifically reliable and relevant. However, if a judge does not have adequate training or experience in dealing with scientific uncertainty, understand the full value or limit of currently used methodologies, or recognize hidden assumptions, misrepresentations of scientific data, or the strengths of scientific inferences, he or she may reach an incorrect decision on the reliability and relevance of evidence linking environmental factors to human disease. This could lead to the unfair exclusion of valid scientific evidence, particularly that which is essential to a plaintiff’s case in toxic tort litigation. (Am J Public Health. 2005;95:S30–S34. doi: 10.2105/AJPH.2004.046250) |
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