Credit: Looker_Studio / Adobe Stock Peer Review of Scientific Studies: A Critical Review
Examining the methodology of 'peer review' and the need for courts to examine whether an expert's opinion is based upon vetted scientific research.
June 16, 2022 at 10:00 AM
10 minute read
Scientific studies are an important part of litigation. Absent reliable scientific research forming the bases of an expert's testimony, it is personal opinion or anecdotal experience. Prior to testifying, courts generally require experts to substantiate their opinions with published scientific research. During cross examination, courts permit attorneys to use scientific publications to impeach expert testimony. These publications represent the opinions of other experts who do not testify at trial, essentially hearsay. Accordingly, courts must make a threshold decision whether an expert's foundational studies and related publications are sufficiently reliable to support this testimony. Typically, the scientific community vets research prior to publication through "peer review"—its methodology is the topic of this article.
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