THE ROLE OF THE EXPERT WITNESS

THE ROLE OF THE EXPERT WITNESS

It is the role of the Courts to determine disputes where legal rights are in question. Courts determine these disputes by hearing and evaluating evidence. Evidence generally falls into two categories:-

(a) Lay evidence which is evidence of facts given by witnesses, usually in relation to what they have heard or seen about relevant events. Facts which were not heard or seen (perceived) by a person directly, but rather were learned from another person (second-hand) are referred to as hearsay. There are exceptions as to when the Court will consider hearsay evidence but those exceptions are limited due to the inherent unreliability of such second-hand information. Lay evidence usually comprises of the relevant facts and only those facts which are within the knowledge of each individual witness called in the case.

(b) Expert Evidence which is evidence provided by a suitably qualified person providing relevant information in relation to both facts about which they are
aware and opinions within their field of expertise that they hold arising from those facts. An expert can only express an opinion within his or her field of expertise, facts that have come to his or her attention from testing or examination (eg. such as the presentation of an injury) and hearsay evidence such as the history provided by the patient in relation to how an injury occurred. Usually the hearsay component of the evidence will not carry weight with the Court in proving how the injury occurred, but may be relevant in so far as whether or not the patient has been consistent in the version of events giving rise to the injury.