Expert Witness When a chiropractor is called to court PART 1 – WHAT BEING AN EXPERT WITNESS IS ALL ABOUT quirement. In the United States, being an expert witness is almost a profession in itself. However, in Canada, as most chiropractors have little or no actual experience, testifying in court can be a disquieting adventure. Knowledge of exactly how it all works, the legal system and the rules of court, is unchartered territory for the chiropractic profession, and many others. It is not a television production – Law and Order, Matlock, or the like – but it is still a well-rehearsed stage play where all the characters – lawyers, judges, court reporters, and watchdogs – do their part, recite their lines, thrust and parry and play but their roles in an adversarial system, until one side wins. Black’s Law Dictionary defi nes an “expert witness as one who, by reason of educa- tion or specialized experience, possesses superior knowledge with respect to a subject about which persons having no particular training are incapable of forming an accurate opinion or deducing correct conclusions. A witness who has been qualifi ed as an expert, and who, thereby, will be allowed – through his/her answers – to those questions posted to him/her, can assist the jury in understanding complicated and technical subjects not within the understanding of the average lay person… One possessing, with reference to a particular subject, knowledge not acquired by ordinary persons.” (Author’s note: In most civil trials in Canada, different than in the U.S., there is no jury, only a judge who is presumed to adjudicate fairly.) A Lloyd Manning is a semi-retired business appraiser and financial analyst who is now a freelance business article writer. He resides in Lloydminster, Sask He can be reached at [email protected]. ROLE, REQUIREMENTS AND RAMIFICATIONS As an expert witness for trials, hearings, or appearance before tribunals of various types, chiropractors may be called upon to recite facts and give testimony in chiropractic mal- practice cases, negligence and tort cases, for auto and other accidents, insurance set- tlements, personal or work-related injuries, settlement of grievances, board regulatory hearings, or arbitrations. Also, they could be called upon to provide forensic evidence in criminal proceedings. The fi rst step is to fully understand the role he/she is to play and to understand the ramifi cations of participating as an expert witness. As expert witnesses, chiropractors must recognize their responsibility to provide testimony that is truthful, impartial, scientifically correct and in accordance with the merits of the case. At times there could be a problem of conscience. Even the very best of Doctors of Chiropractic, who exercise the highest standards, could be named in a malpractice suit. Other Doctors of Chiropractic may consider it unconscionable to testify about the shortcomings of a fellow of the profession. Still, if chiropractors are unwilling to testify in these actions, the profession will be left with having its standards investigated and 28 • CANADIAN CHIROPRACTOR | APRIL 2008 www.canadianchiropractor.ca s our society becomes more litigious, civil court cases – now more frequent and complicated, with more at stake – need expert witnesses to assist the law courts in making sound decisions. Also, the issuing of proper awards is a growing re- Lloyd R. Manning, AACI, FRI feature
Chiropractic + Naturopathic Doctor April 2008: Page 28
