Psychiatrist was not an appropriate expert to act in a fitness to practice hearing concerning a paramedic
High Court: (a) dismisses appeal from decision of Fitness to Practice Committee of the General Medical Council that actions of a psychiatrist amounted to misconduct in that he accepted instructions in an FTP hearing concerning a paramedic when he was not an appropriate expert in the area and that he had made findings that the […]
Limit on expert evidence in vehicle injury claims declared unconstitutional in British Columbia
Rule 11-8 Supreme Court Civil Rules was enacted on 11 February 2019 by a decision of government, without seeking approval from the Rules Revision Committee. Rule 11-8 limited parties to three experts in motor vehicle claims, but was intended to apply to all injury claims from 1 February 2020. The Rule was challenged by a […]
Wrong expert testifies in a professional negligence case
In a Tennessee case concerning nursing care, the plaintiff relied on expert testimony from a neurosurgeon. The court dismissed the case, and the decision was upheld on appeal. See: https://www.nurse.com/blog/2019/10/23/wrong-expert-testifies-professional-negligence-case/ The judgment may be found here: http://www.tncourts.gov/sites/default/files/estate_of_herbert_ross_shelton_e2018-00862.pdf
Assessment of expert evidence as preliminary issue
In the US, it has become common to assess expert evidence at “certification” stage in class actions. A question has been raised as to whether this applies both to the ‘rigoressness’ and the admissibility of such evidence. The phrase “we doubt that this is so” by the US Supreme Court has become the focus of […]