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Common law, based on canon law, disqualified a person from testifying on account of bias or interest in the outcome of the case. It was one of several grounds for disqualification--the others being insanity, infancy, infidelity and infamy. Today, by and large, the rules on competency have been converted into rules of credibility, whereby nearly every proposed witness is allowed to testify, but their credibility may be attacked on cross-examination. Quite often, cross-examination ends up being a smearing process, and, as a result, many experts are reluctant to testify or they charge large fees....
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The courts have traditionally deferred to the profession to set the standard of care in malpractice cases. In doing so, they adopted the "school" method for qualifying expert witnesses, allowing an expert who either practices in or is familiar with the particular school of the practitioner on trial. Thus, a surgeon or a nurse could testify against a podiatrist, as long as they were knowledgeable about podiatrists' standard of care. Under this rule, it was not very difficult to obtain an expert to testify against the defendant....
Discrediting the Expert Witness on Account of Bias
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