The expert witness: understanding the rationale.

Abstract

The origins of the use of expert witnesses to assist courts in helping understand the required conduct in determining the standard of care provides a basis for recognizing the consultant role sought in judicial proceedings. Both rules of evidence and court decisions have evolved in a manner that encourages the introduction of expert testimony while conditioning its use to avoid unfair bias. Trial court judges decide on permitting such testimony, while legal counsel is responsible for helping juries determine its importance and reliability. Certain types of restrictions and adverse consequences for misstatements exist but are subordinated to the trial process in most circumstances, a process that varies among different jurisdictions.