Joshua Potter spoke at the NOSSCR Denver Conference with Psychiatrist Karen Fukutaki. They discussed the critical elements of expert medical testimony. Dr. Fukutaki provided information on the importance of a thorough review of all evidence as a foundation for expert testimony. Joshua Potter discussed the case law that describes expert witness in the Federal Forum. He reminded the audience to think critically about Daubert, and the 18,000 cases that cite Daubert:
Daubert v. Merrill Dow Pharmaceuticals 509 U.S.509 U.S. 579 (1992)
- Levin v. Dalva Bros, Inc. 459 F.3rd 68 (1st Cir 2006)
- Granfield v. CSX Transp.,Inc., 597 F.3d 474 (1st Cir 2010 – read the cross examination
- General Electric v Joiner 522 U.S. 136
Ipsa Dixit is no longer the standard for medical experts – because I say it, it is so. Judges can exclude “expert testimony” is it is not supported! Dr. Fukutaki reminded the audience that in DSM 5 there is no longer a GAF score. The speakers also stressed that “board eligible” is not recognized by the American Board of Psychiatry and Neurology. A doctor who claims to have “board eligible” status is at best providing untruthful and misleading information.
- Expert evidence can be powerful and misleading. The judge must weigh possible prejudice against probative force under Rule 403 Daubert 504 U.S. 595; GE v. Joiner, 522 U.S. 136 .
- Testimony beyond the expert’s scope of expertise should be excluded. Levin v Dalva Brothers, Inc. 459 F.3rd 68 78-70 ( 1st Cir. 2006).
A lively Q&A session with free Cigars followed the presentation.
In short, a good time was had by all.