Category: Expert Testimony

An expert opinion should not be based merely on unfounded speculation and unquantified possibilities

An expert must give the why and wherefore supporting his or her opinions

A trial court may not rely on expert testimony that lacks an appropriate factual foundation and fails to establish the existence of any standard about which the expert testified

Protocols and parameters regarding communications and submission of documents by the parties and/or counsel to a guardian ad litem or court-appointed expert

Substantial compliance with the affidavit of merit statute

Opinions or diagnoses within business records

Determining the existence of a duty and the standard of care to be applied in a particular circumstance is a question of law to be determined by the court

A treating physician’s testimony may be offered to address a pivotal element of a plaintiff’s claims for disability discrimination

The testimony of a treating physician is admissible to support a plaintiff’s disability claim

A plaintiff has sixty days from the date of the defendant’s answer to file an affidavit of merit