Cleareview Blog



Credibility

January 1, 2018 | Authored by: Neerav Mehta

credibility trustworthiness

Credibility of an expert witness is a critical factor at trial. Constructs of credibility are complex, and the Witness Credibility Model (Brodsky, 2010) breaks credibility down into the following components: Trustworthiness, Knowledge, Confidence, Likability.

Confidence has received a lot of attention in the expert witness world, with higher degrees of expert witness confidence originally thought to result in higher degrees of expert witness credibility. However, this turns out to be not quite true. It has been shown that while a low degree of expert witness confidence correlated with lower credibility, and a medium degree of expert witness confidence correlated with higher credibility... a high degree of expert witness confidence then led to a lower degree of credibility (Cramer, 2009). So higher and higher degrees of confidence go from the credible expert witness to the cocky expert witness.

On the other hand, trustworthiness and knowledge have been shown to be positively correlated to credibility. Majority of expert witnesses are knowledgeable... they are the experts. This cannot be changed by the attorney. Trustworthiness, however, is a different animal than knowledge. The trustworthy expert is the one who is most objective. An expert that comes across as the most objective will win the trustworthiness battle.

Cleareview provides your expert witness with the platform (Blind Expert Review) or data (Blind Panel Review) to provide an objective, and hence trustworthy, opinion.

 

References:

Brodsky SL, Griffin MP, Cramer RJ: The Witness Credibility Scale: an outcome measure for expert witness research. Behav Sci & L 28:892–907, 2010.

Cramer RJ, Brodsky SL, and Jamie DeCoster J: Expert Witness Confidence and Juror Personality: Their Impact on Credibility and Persuasion in the Courtroom. Journal of the American Academy of Psychiatry and the Law Online 37 (1) 63-74, March 2009.

 


ACR Expert Witness Practice Parameter 2017

December 1, 2017 | Authored by: Neerav Mehta

ACR blind

When an expert is given a radiology case by an attorney, they have lost their objectivity. The battle is already lost. What’s the chance that the attorney is giving them a normal case? What’s the chance that the attorney is giving them a case with only minor findings? Common sense dictates that the case being provided by an attorney is a bad one... the finding was a major one and the outcome was bad. Bad enough to warrant a lawsuit.

So can an attorney provide a case to an expert witness radiologist without losing the trustworthiness battle? The solution lies in a blind review. The radiologist needs to be blinded to the fact that the case was provided by an attorney. This radiologist will review the case more objectively than the expert who is not blinded. In 2017, the American College of Radiology acknowledged this and even codified it into their expert witness practice parameter:

 

“Images and other relevant material presented in a blinded fashion to the expert in a malpractice lawsuit strengthens the credibility of the opinion rendered by the expert.”

 

Cleareview offers the platform necessary to achieve this blinded review, and bolster the expert witness’s objectivity. Your own expert witness, or one of ours, will review the case free of bias on our unique web based platform with Blind Expert Review. The objective review of your client’s radiology case will tip the scales of trustworthiness in your direction. Even in the pre-trial phase, our Blind Panel Review will provide additional objective data that can be used as a branch point in the decision tree... whether to settle, how much to settle for, or whether to continue the fight at trial. A combination of Blind Panel Review and Blind Expert Review can give you the complete package of objective guidance pre-trial, and objective expert witness testimony at trial.

 

References:

2017 ACR PRACTICE PARAMETER ON THE PHYSICIAN EXPERT WITNESS IN RADIOLOGY AND RADIATION ONCOLOGY - weblink: https://www.acr.org/~/media/ACR/Documents/PGTS/guidelines/Expert_Witness.pdf