Medical Expert Testimony *
نویسنده
چکیده
That sort of capacity which involves not the organic powers, moral and mental, requisite for all testimony, nor yet the emotional power of unbiased observation and statement, but the skill to acquire accurate conceptions which may be termed experiential capacity. The person possessing it is commonly called an expert. This capacity may be obtained by special training or experience, or by both. It is, in every case, a relative one. That is, relative to the subject about which the expert is to testify. He may be sufficiently skilled in one subject and totally unskilled in another. He may, for example, be competent to testify that the deceased was asphyxiated, but not competent to say whether or not it was coal-gas or water-gas which caused death. He may be competent to say that the instrument causing death was sharp, but incompetent to say that the stains on the instrument were human blood. The methods for obtaining this capacity may be by particularly prearranged training prior to entrance into his special field, or by occupational work which followed some form of previous training. Many famous experts have had very ordinary training prior to gaining experience in this work by occupation. Sometimes one of these methods shades into the other. Either is acceptable.
منابع مشابه
Guidelines for expert witness testimony in medical malpractice litigation. Committee on Medical Liability. American Academy of Pediatrics.
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 justic...
متن کاملInconsistency in evidentiary standards for medical testimony: disorder in the courts.
Several recent decisions by the US Supreme Court have strengthened the ability of federal courts to consider medical testimony regarding injuries associated with exposure to toxic substances. Judges are expected to examine the basis of all expert testimony before it is introduced at trial to ensure that it meets the same standards of intellectual rigor that professionals use outside the courtro...
متن کاملGender and the experience of mental health expert witness testimony.
Mental health expert witness testimony involves complex tasks, and the capacity to perform under pressure is a fundamental skill of a forensic professional. In this context, it is important to understand the nuances of the provision of expert witness testimony. There have been several efforts to examine gender bias across legal and medical systems. Despite these reviews, little is known about h...
متن کاملThe assessment of expert testimony relevance and admissibility in medical malpractice cases in the Czech Republic. Can American judicial practice help us?
The relevance and admissibility of expert medical testimony in relation to medical malpractice suits requires a more successful development of formal criteria and a more intentional compliance with efficient judicial procedures. The American judicial system provides an excellent model for implementation of a critical approach to knowledge collection, the evaluation of the validity of scientific...
متن کاملPolicy Statement—Expert Witness Participation in Civil and Criminal Proceedings abstract
The interests of the public and both the medical and legal professions are best served when scientifically sound and unbiased expert witness testimony is readily available in civil and criminal proceedings. As members of the medical community, patient advocates, and private citizens, pediatricians have ethical and professional obligations to assist in the administration of justice. The American...
متن کاملDavid Halsey on the AAOS Expert Witness Program.
When and why was the expert witness program developed? The process began approximately 15 months ago when the Board of Councilors of the American Academy of Orthopaedic Surgeons (AAOS) brought the issue of expert witness testimony to our attention. They identified problems that our fellowship has been facing with essentially fraudulent or unethical testimony by expert witnesses on both the defe...
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ورودعنوان ژورنال:
- The Yale Journal of Biology and Medicine
دوره 9 شماره
صفحات -
تاریخ انتشار 1936