In the high-stakes arena of healthcare litigation, the clarity and credibility of expert testimony can make or break a case.
At Waranch and Brown, we recognize the danger of allowing a jury to be presented with ipse dixit expert testimony. Ipse dixit testimony masquerades as vague expert opinion but lacks the necessary substantiation.
Often, instead of testifying as plaintiffs’ experts, these witnesses testify as advocates. When presented with troublesome questions, these advocates utilize certain evasive techniques: they may pivot and diatribe, answer a different question, equivocate, or give the circular-reasoning response that “it is because it is.”
We tackle ipse dixit advocates head-on by challenging their opinions, arguing that such assertions reflect an impermissible “because I say so” methodology and are not admissible at trial. The law requires experts to provide more than a “because I say so” justification for their opinions. Strong Daubert motions can be case dispositive and are a crucial defense tool.
If you need assistance with a Daubert motion or other legal matter, Waranch & Brown and our experienced attorneys are here to help.