Evidence of an Expert Witness's Own Practices
Say a defendant's expert witness testifies that the expert doctor actually does what the plaintiff says is required by the standard of care. The expert doctor goes on to say, however, that the expert does not think it is required by the standard of care; it's just that the expert witness goes above and beyond the norm. You should be allowed to impeach the expert using his or her own personal practices to contradict the expert's definition of the standard of care.
This is a brief in response to a motion in limine where the defendant sought to prevent any testimony from expert witnesses on what he or she does under the circumstances. Download file. The research is helpful for a bench brief when getting ready for trial if the issue has not already been raised by motion. If you would like a copy of the original to cut and paste into a bench brief, email me.