Experience, expertise and common sense.
Any Expert of Mine: Analyzing the Factual Basis for Expert Testimony
Harkrader v Hayes and B & M Ashman, Inc. addresses several key issues that will be helpful in crafting arguments and asking the appropriate questions in expert and lay witness depositions. It is important for defense counsel to elicit specific answers from the plaintiff and other witnesses regarding potential referrals for treatment from the plaintiff’s attorney to assist the jury in deciding how much weight to give that testimony.
Harkrader also provides some guidance on how to ask questions and elicit appropriate testimony for defense expert witnesses. Experts need some factual basis for their opinions and experts who are not medical doctors must not testify as to medical certainty. However, expert testimony will be permitted if it follows standards within the expert’s field and does not cross the line into medical testimony if the expert is not a doctor.
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