Expert Witness Testimony

Abstract

To the Editor.—

The recent editorial by Dr Lundberg,¹together with two related MEDICAL NEWS stories^2,3in the same issue ofThe Journal, present an articulate, informed analysis of selected issues associated with the physician in the role of courtroom witness. Regrettably, law as practiced in the courtroom and medicine seem often-times to function as virtual polar opposites. Litigation by its nature is adversarial, whereas science is directed toward objectivity and truth gathering. Therefore, the expert medical witness may suffer a wrenching experience as a seasoned trial attorney tortures the "truth" in the effort to obtain a good result for the client. The suggestion in the editorial that it may be better for the court, rather than the litigants, to obtain the best, unbiased expert consultation and testimony is worthy of serious consideration. I have some questions about this, however. How will the court ascertain the "best" witness?