When do you need an Expert Witness?

The laws that govern Expert Witnesses will vary slightly from state to state. In some jurisdictions, physicians who are testifying as expert witnesses are required to be certified as a witness. In other states, this is not the case. The general guidelines for Expert Witnesses fall under Rule 702 of the jurisdiction in question. In New Jersey, the American Bar Association provides the following information about Expert Witnesses:

"Expert testimony is governed by New Jersey Rule of Evidence 702, and tracks Federal Rules of Evidence 02 in its pre-amendment form. 'If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.' N.J.R.E. 702.
 
There are three basic requirements for expert testimony: '(1) the intended testimony must concern a subject matter that is beyond the ken of the average juror; (2) the field testified to must be at a state of the art such that an expert’s testimony could be sufficiently reliable; and (3) the witness must have sufficient expertise to offer the intended testimony.' Landrigan v. Celotex Corp., 127 N.J. 404, 413, 605 A.2d 1079 (1992)(citing State v. Kelly, 97 N.J. 178, 208, 478 A.2d 364 (1984)).
 
Cases involving potential professional negligence, liability, or carelessness in the field of physical therapy often meet these requirements for an expert witness. With respect to the three basic requirements listed above:

1. Physical Therapy professionals have advanced training along with annual continuing education requirements. Understanding the current practice standards requires a trained and licensed physical therapist.
2. In order for the testimony and opinion of an expert witness to be meaningful in the court, it must be reliable and be based in scientific fact. The field of physical therapy, like many traditional medical fields, is an evidence-based profession. Physical therapists use verified and validated evidence to guide the current practice guidelines.
3. What makes an expert an expert? Experience, training, and exposure. Our expert witnesses have not only met the basic requirements of the profession, which include passing the national board exam, but also have advanced training and experience in clinical research. This means they have a deep understanding of how to critically interprent scientific evidence in the field of physical therapy.

When your court case is reliant on expert opinion in the areas of physical therapy or biomechanics, our experts can help you. Contact us today!