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ASFE: Fighting Back Against Expert Witnesses |
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Written by Randy Post
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Friday, 16 November 2007 |
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The ASFE website has an interesting article on the ethics involved in expert witness testimony. They have been at the forefront of that arena since the publication of Recommended Practices for Design Professionals Engaged in the Resolution of Construction Industry Disputes, a document endorsed by 37 major organizations. The most interesting part in my mind was how they point out the role of an expert witness is to provide an opinion as to whether the standard of care was followed or not. According to ASFE, many expert witnesses do not do the necessary research to determine what the standard of care is. More...
Another interesting aspect of this article is the discussion of similar
problems faced by the medical community and one way that physicians
have tried to address the problem of frivolous lawsuits and dishonest
expert witnesses. There is an organization called "Medical Justice"
that helps physicians fight claims against them, particularly by
examining expert witness testimony. Read more about this interesting
approach and consider leaving a comment here on whether or not you
think this type of system would work for the construction/engineering
industry and wether it is even needed or not.
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