Some considerations for the expert witness in cases involving birth defects

Abstract

Individuals serving as experts in litigation involving birth defects typically find that their scientific training has not prepared them well. A greater understanding of the choices and pitfalls involved can assist such individuals in promoting the legal process. Experts should carefully evaluate the evidence and should not become involved unless they have the needed expertise. Experts must understand what they will be asked to testify about and be completely comfortable with any positions that they may be asked to support. Experts must obtain the necessary facts, never merely relying on information from the retaining attorney. Experts should not make statements they cannot support, and they must be willing to say, “I don't know.” Experts should not merely ignore facts that weaken their positions, but must be willing to take them into account. Although the court may require only that an accused agent be “more likely than not” the cause of a birth defect, experts must use recognized scientific principles, and the judge will decide what evidence is admissible. Experts must be willing to examine enormous amounts of information, and they should be organized, carefully filing information received. Experts must be both willing and able to spend large amounts of time in preparation, consultation, travel, deposition, court, and even “bookkeeping.” It should be realized that the expert's role in birth defects litigation is essential, however, and knowledge of what experts should and should not do should aid in the promotion of justice.