Moore v. Getahun: Experts files remain closed to scrutiny as bias threshold rises

Share

The Court of Appeal has ruled on 2014’s most talked-about case, striking down a trial judge’s decision that it was improper for counsel to assist an expert witness in preparing a report. In a medical malpractice suit, Moore v. Getahun, Madame Justice Wilson wrote:

The expert’s primary duty is to the court. In light of this change in the role of the expert witness under the new rule, I conclude that counsel’s practice of reviewing draft reports should stop. There should be full disclosure in writing of any changes to an expert’s final report as a result of counsel’s corrections, suggestions, or clarifications, to ensure transparency in the process and to ensure that the expert witness is neutral.

Judy Van Rhijn takes a compelling look at the controversy surrounding the original ruling, and the winning arguments against it, in this Law Times article below.

Click to expand the full article:

Law Times

Recent posts

Contact Icon

Do You Have a Claim?

or call for a free consultation 1-866-685-3311 1-866-685-3311
COVID-19 UPDATE: McLeish Orlando remains fully operational during this unprecedented time. We can access all of our client files remotely and are able to provide opposing counsel and judicial officers with documents as needed.More Information Here
+