FRE 702 provides basic background credentials for an expert, stating that an expert must be qualified by “knowledge, skill, experience, training, or education.” 7 In both civil and criminal cases, the expert, nevertheless, must demonstrate to the judge sufficient knowledge and expertise about the issue to qualify as an expert. In malpractice cases, statutory rules may vary from jurisdiction to jurisdiction about whether an expert must be of the same specialty as the defendant. Qualifying to be an expert is governed by statutory and evidentiary rules. 7 The same testimony from a given expert witness, therefore, might be admissible in some state courts but not in federal court and vice versa. Although most state laws conform to both the Federal Rules of Procedure and Federal Rules of Evidence (FRE), some do not. Standards of admissibility for expert testimony vary depending on state and federal rules of procedure and evidence. Courts rely on expert witness testimony in most civil and criminal cases to explain scientific matters and provide their opinions to jurors and judges. The expert witness plays an essential role under the US system of jurisprudence. This technical report expands the information on how testifying in child abuse cases differs from doing so in civil proceedings, bolsters the requirements for expert testimony, and provides new guidance on ways to prevent and censure irresponsible testimony in medical liability proceedings as well as child abuse cases. The 2016 policy statement replaces the previous policy statement. This technical report provides the evidentiary basis on which the recommendations found in its companion policy statement 6 of the same title are based. 5 The importance of expert witness testimony in the process of determining civil liability, child safety, or criminal culpability and its unique significance in pediatric cases also was stressed. A 2009 iteration expanded the requirements and qualifications for experts testifying in civil and criminal cases, the latter primarily relating to cases involving alleged child abuse and/or neglect. 4 Key legal concepts were explained, and the role of the expert witness in the litigation process (pretrial and trial) was described. 3 A 2002 revision outlined responsible practices that physicians should follow to safeguard their objectivity in preparing and presenting expert witness testimony. The statement was revised in 1994 2 to incorporate additional provisions on expert witness testimony guidelines from the Council of Medical Specialty Societies. The American Academy of Pediatrics (AAP) first articulated policy on appropriate medical expert witness testimony in 1989 1 and was among the first medical specialty societies to do so.
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