Tuesday, April 25, 2006

Experts Must Satisfy Rule 702 as Well as Statutory Competency Requirements, Alabama Supreme Court Holds

An Alabama statute provides that an expert witness is competent to testify in a medical malpractice case only if the expert qualifies as a "similarly situated health care provider" under certain specific statutory criteria. That statutory requirement does not displace the independent requirement, under the Alabama Rules of Evidence, that the expert possess sufficient qualifications and experience for his testimony to assist the trier of fact, the Alabama Supreme Court has ruled. The expert must satisfy both the statutory competency requirements and the standards imposed under Ala. R. Evid. 702. The court's opinion in Holcomb v. Carraway, No. 1041471 (Ala. Apr. 21, 2006), is not yet available online.

posted by pn at 11:09 AM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.