Grant and Studdert, ‘The Injury Brokers: An Empirical Profile of Medical Expert Witness in Personal Injury Litigation’

Abstract:
In the civil justice system, medical expert witnesses act as brokers of what qualifies as legally recognized and compensable injury. Despite the central importance of their role, and continuing debate over the use of expert evidence, remarkably little empirical evidence is available about who medical experts are and what they do. This article reports findings from a study that built a detailed empirical profile of nearly 3000 instances of medical expert witness testimony, drawing from a sample of transport accident compensation cases in Victoria, Australia.

Grant, Genevieve M. and Studdert, David M., The Injury Brokers: An Empirical Profile of Medical Expert Witness in Personal Injury Litigation (July 28, 2013). Melbourne University Law Review, Vol. 36, No. 3, 2013; U of Melbourne Legal Studies Research Paper No. 652.

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