A judicial point of view with regard to the testimony of medical experts.
This is an era of the expert witness. The classic description of an expert--"... no scientific man ought ever to become the partisan of a side: he may be the partisan of an opinion in his own science"--Lord MacMillan. The current tendency to be less than impartial or objective: the anxieties of Lord Woolf in Access to Justice-Factors which may lead to partiality: (a) explosions of claims for personal injury or product liability; (b) the emergence of the contingency fee as the primary fund for such litigation. Problems facing an expert--the arrogance of assurance--the power of presentation--the anxieties of the witness box. The virtues of education and training. The importance of judicial management to control expert evidence and avoid escalating costs and delay in litigation. The duty of the Judge is to ensure that the expert does not practice a fraud on the administration of justice.
PubMed Abstracts
PubMed Abstracts