Hiring expert witnesses is an important part of cases that involve very specialized technical, medical, or scientific issues. In fact, some cases cannot even proceed to trial without the opinions of an expert, because legally, the court cannot allow a layperson jury to consider the issues without expert evidence and testimony available. However, there is a clear potential for abuse when an expert witness is not basing his opinions on reliable scientific foundations and methods, but is simply a “hired gun” offering conclusions in exchange for an hourly fee.
In this case, the issue was whether the spinal surgery that our client underwent could be connected to the accident by medical expert testimony. Our client’s spinal surgeon testified that the accident and treatment were indeed connected. The defense hired an “expert doctor” specifically for purposes of the case, and paid him handsomely to offer opposing testimony. Some of the opinions he gave (and complete lack of foundation for them) were so absurd that we filed a motion to strike him from testifying under the expert challenge rules of the Texas court system.
Please see full Motion To Strike Expert Witness Testimony below for more information.
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