- MAY A LAY WITNESS TESTIFY TO A CONLCUSION TRIAL
- MAY A LAY WITNESS TESTIFY TO A CONLCUSION PROFESSIONAL
Conferences or peer-related functions are the perfect way for an expert to keep up to date. Every field has new developments over time and new views on major key subjects. Continued Study and Peer InvolvementĮxpert witnesses who stay current with developments in their field continually participate in industry events with their peers. This was a key point in blocking the expert from providing any testimony as to that specific subset of medical information. Dackman had plenty of career experience in pediatrics, they were shown to have no personal knowledge related to lead poisoning. This allows an expert to develop unique personal knowledge about a subset of their field. This includes areas of research and publications which support future testimony by the expert witness. Attorneys can learn how the expert’s career progressed over a period of many years. Generally from a resume or interview with the expert witness, an attorney can learn key information. This sets a standard that an expert with advanced degrees in their field is not likely to face challenges when giving testimony of a general nature. Dackman, a medical doctor can certainly testify about general medical matters.
MAY A LAY WITNESS TESTIFY TO A CONLCUSION PROFESSIONAL
This also includes any professional training they have received within their field or profession that is relevant to their upcoming testimony. This includes: EducationĪn expert’s professional education is a critical part of their credibility. Many jurisdictions will require an expert witness to provide such information in advance. Prior to ever stepping into a courtroom, an expert’s professional experience, education, and career background lay the foundation for acceptance of their testimony. The credentials of an expert witness must be understood in order to ensure they stay within accepted limits. How an Expert’s Credentials Relate to the Evidence The evidence relied upon by the expert led to them being out of scope with their testimony. However, the expert witness could not testify that lead was the specific cause of the plaintiff’s injuries. Put another way, as a pediatrician, the expert could testify regarding how lead poisoning medically affects children.
However, the Court also held that with no personal knowledge of lead poisoning combined with only relying on circumstantial evidence as to how the plaintiff was exposed to lead paint, the plaintiff’s expert was not competent to testify as to the source of the lead. “A witness may qualify if he possesses special and sufficient knowledge regardless of whether such knowledge was obtained from study, observation or experience…There are many expert astronauts who have yet to make a space flight.” The Court held that based on their credentials, the pediatrician was competent to testify as an expert as to medical issues. On review, the Court of Appeals stated that the issue was whether a pediatrician, who had never treated a victim of lead paint poisoning but claimed to have read the relevant medical literature, should be permitted to offer an expert opinion as to medical causation. At trial, the pediatrician was found unqualified to testify. In this matter, the Court of Appeals of Maryland reviewed the involvement of a pediatrician testifying as an expert in a lead poisoning case. Dackman illustrates how there can be a disconnect between an expert’s credentials and the evidence. Ultimately, credentials and evidence form a tight-knit benchmark for ensuring an expert witness’s testimony carries with it general acceptance and persuasiveness.
Dackman illustrates the importance of identifying any potential limitations when it comes to an expert’s credentials or the evidence relied upon by the expert for their testimony.
MAY A LAY WITNESS TESTIFY TO A CONLCUSION TRIAL
For trial attorneys, a lack of awareness of these limitations can be problematic. However, expert witness testimony does have limitations. This is generally acceptable in personal injury cases, mass tort matters, or in trials involving accident reconstruction. Based on their credentials, professional experience, and review of evidence presented at trial, experts can offer testimony regarding events they did not witness firsthand.
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