Legal Responsibilities and Expert Testimony Flashcards
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Read the first 7 Legal Responsibilities and Expert Testimony flashcards as text
Under Federal Rule of Evidence 702, which factor is NOT required for expert testimony to be admitted?
Answer: The expert must have published peer-reviewed articles on the topic
FRE 702 requires sufficient facts/data, reliable methods, and proper application, but does NOT require prior publication.
A forensic medicine expert who overstates the certainty of forensic evidence during testimony may be subject to which professional consequence?
Answer: Sanctions, loss of licensure, or ethics violations
Overstating certainty violates professional ethics codes and can result in sanctions, board complaints, or loss of certification.
In a civil malpractice case, the standard for expert witness testimony regarding the standard of care is typically based on:
Answer: What a reasonably competent practitioner in the same specialty would do
The standard of care in malpractice is measured against what a reasonably competent practitioner in the same specialty would do under similar circumstances.
Which term describes an expert witness who is paid a contingency fee based on the outcome of litigation?
Answer: An improper expert arrangement
Contingency fee arrangements for expert witnesses are considered improper and unethical because they create a financial bias toward a particular outcome.
The Daubert standard replaced which earlier standard for admissibility of scientific expert testimony in federal courts?
Answer: The Frye general acceptance standard
Daubert v. Merrell Dow Pharmaceuticals (1993) replaced the Frye 'general acceptance' standard in federal courts.
When a forensic physician serves as both a treating physician AND an expert witness in the same case, which concern arises?
Answer: Dual role conflict that may compromise objectivity
Serving dual roles as treating physician and expert witness creates a conflict because a treater's advocacy for the patient may compromise the objectivity required of an expert.
Which type of expert report is required under Federal Rule of Civil Procedure 26(a)(2)(B) for retained experts?
Answer: A written signed report disclosing opinions, basis, and qualifications
FRCP 26(a)(2)(B) requires retained experts to provide a complete written report signed by the witness, including all opinions, the basis for them, and the expert's qualifications.