Expert opinions are based on specialized knowledge, skills, or experience in a particular field or subject matter. They are often admissible as evidence in legal proceedings to help a fact-finder understand complex or technical issues that may be beyond their comprehension.
Experts can be relied upon to offer their opinion on such topics as severity of injury, degree of sanity, cause of failure in machinery or equipment, loss of earnings and benefits, care costs, and intellectual property disputes. In general, experts are expected to base their opinions on facts and information that are reliable and commonly relied upon by other professionals in the same field.
As a rule, experts are subject to rigorous scrutiny on cross-examination. Common areas of attack include an expert’s education and training, practical experience, review of particular materials or information, time spent on the case, and/or bias.
The expert’s level of confidence in the correctness of their opinion is also a significant consideration. Most jurisdictions require that an expert be at least 51% sure her opinion is correct.
Teams should be aware of the limits of their expertise and seek out a wide range of perspectives to ensure their design is well-rounded. This will include incorporating input from lead users (who typically perform many procedures each year, such as anesthesiologists), infrequent or novice users (such as EMTs) and those who have no clinical experience at all. The more perspectives provided, the more valuable the resulting expert opinion will be.
About the Author
