Daubert Standard

Independent Medical Examination: Medical and Legal Issues

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Independent Medical Examination Anatomy of muscular man

What is an IME?   An independent medical examination (IME) is a second opinion exam that may be conducted by a non-interested physician to obtain an independent opinion of an individual medical condition.  Insurance companies and personal injury attorneys have the… Continue Reading →

Expert Witness’s Bias: Distinction Between Admissibility & Weight of Evidence

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Bias can result inDisqualification of Expert Witness

Generally, if there are concerns about an opposing party’s expert witness bias; it has been argued that their evidence has been given less weight. Recent decisions have been established that this measure is no longer effective, unless bias is sufficiently… Continue Reading →

Gunshot Residue Expert: Three Ways Particles May Land on Shooter

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Gunshot Residue Expert Expert Witness

Gunshot Residue Expert Witness Gunshot residue (GSR) is a forensic science test on the hands and clothing of an individual to identify whether that person has discharged a firearm. Although, the dermal nitrate test is obsolete, science and technology are… Continue Reading →

Deliberate Indifference and Inmates’ Civil Rights

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The courts apply the deliberate indifference standard to determine if supervising jail or correctional officials have violated an inmate’s civil rights; thus, it occurs when prison employees, including correctional staff, medical staff like nurses, physician’s assistants and doctors know of… Continue Reading →

Four-Factor Test to Determine Expert Testimony Reliability

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The Daubert standard main purpose is to determine the scientific validity of the offered expert testimony, giving defense attorneys more ways in which to attack such testimony.  Thus, judges as “gatekeepers” must use four factors to determine whether the theories… Continue Reading →

Adversarial Bias: Expert Testimony in Modern Litigation

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Some Daubert opponents often argue that any reliability test is improper for expert testimony, and eyewitnesses’ testimony is not subject to any special reliability test. In this regard, the modern rules for expert testimony assert that such testimony is susceptible… Continue Reading →

The Acceptable “Rate of Error” in Expert Witnesses’ Opinion

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The “error rate”, one of the Daubert factors, requires the trial judge to evaluate the error rate with regard to whether the method has been tested, and whether the expert’s opinion has an acceptable rate of error. If the test… Continue Reading →

Role of Expert – Duty of Care Professionals- Expert Witness

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Professionals who undertake the role of expert witnesses in litigation need to be impartial and owe a primary duty of care to the court and subsequently to their clients. This duty of care can definitely be breached. The judicial process… Continue Reading →

The So-Called “Peer-Reviewed” Method on Expert Witness Literature

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The peer-reviewed method has a particular importance since relevant articles written by experts are published after reviewed from other experts in the same field. This method makes expert’s testimony credible before the court as it insures the article’s quality; given… Continue Reading →