The Daubert Standard of Evidence
Bad science is everywhere. In the evening, science teachers across Florida take out their telescopes and their Sky View apps and gaze at the night sky to cheer themselves up after a day of sloppy scientific propositions on the news and the anti-intellectual vitriol that their children watch on Tik Tok. If you sit down at a social gathering and eat a piece of food, the host or one of the guests will give you an entirely implausible explanation for how this food will ruin your health or, conversely, how it will cure all known diseases. The only logical response is, “What makes you think that?’ The good news is that, in a court of law, witnesses presenting expert testimony must adhere to a set of rules about scientific methodology, and judges must examine the testimony and its methodology before the jurors hear it. To find out more about using medical research as evidence in personal injury cases, contact a Fort Lauderdale auto accident attorney.
Scientific Methodology in Expert Witness Testimony
Since 2019, Florida has followed the Daubert standard when determining whether expert witness testimony that relies on published research is admissible in court; most other states also follow the same standard. The Daubert standard is named after a U.S. Supreme Court decision in a case where a family alleged that prenatal vitamins had caused their son to be born with disabilities; it applies to criminal cases as well as to civil cases, including personal injury lawsuits. Before it adopted the Daubert standard, Florida followed the Frye standard, which simply stated that expert witnesses may only make claims that enjoy widespread support in the scientific community.
If a personal injury case goes to trial, the parties may summon expert witnesses to present testimony before the jury. An expert witness is someone who did not participate in your treatment but whose professional knowledge enables him or her to provide insights about the cause and treatment of your injuries. Expert witnesses may cite published studies to support the claims they make on the witness stand.
Pursuant to the Daubert standard, the judge must read the testimony the expert intends to present in its entirety before deciding which parts are admissible. If the expert witness is relying on published studies, the judge must read the published studies to determine whether they meet the standards of admissibility. The studies must state their methodology and their rate of error, and they must appear in peer reviewed journals. Expert witnesses must base their statements about human health on clinical trials that involved human patients; in vitro experiments and experiments involving animals do not pass the Daubert test for admissibility.
Expert witness testimony can make or break your case. You should choose a personal injury lawyer with a proven record of success working with expert witnesses.
Set Up a Consultation Today
A car accident lawyer can help you prepare for trial by relying on knowledgeable expert witnesses. Contact Boone & Davis in Fort Lauderdale, Florida or call 954-566-919 to explore your potential recovery options today.
Source:
floridabar.org/the-florida-bar-news/supreme-court-replaces-frye-with-daubert-in-evidence-rules/#:~:text=On%20its%20own%20authority%2C%20the,testimony%20and%20witnesses%20in%20trials.
