Expert testimony defines the applicable standard and opines whether the defendant's conduct met it. Qualification requirements including specialty match and active practice vary by state.
Testimony must address the standard at the time of treatment.
Alternative Names:
Standard of Care Expert Testimony, Expert Standard Testimony
Why it Matters?
Testimony describing what the expert personally would have done is not the standard, which requires what a reasonably competent practitioner would do, and that distinction is a productive line of cross-examination. Experts frequently blur it. The temporal requirement is separately useful, since the standard is measured at the time of treatment and later developments in practice are not the benchmark.
Frequently Confused with
Related terms
Frequently asked questions
What is the cross-examination point?
When is the standard measured?
