Friday, August 28, 2009

Mississippi and the dearth of good expert witnesses

Amidst news that Dr. Steven Hayne, noted non-certified forensic pathologist and dubiously contracted Chief State Pathologist of Mississippi, is headed back in the saddle, I ponder the question of why there are no good expert witnesses in Mississippi. In the past two years, I have had my own client's treating physician destroy a case in his deposition (for which dubious privilege I paid over $2500 for a forty-minute deposition); I have seen a licensed professional counselor claim, with a straight face, that he is legally entitled to render opinions to reasonable pyschological certainty, even though he is not a licensed pyschologist, because he has a PhD in psychology; and despite this, these people are regularly relied upon by the courts of the 10th Chancery District in renderning opinions.

I fear that Chancery Court is not operating as the gatekeeper it is supposed to under Daubert.

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