The Injury Brokers: An Empirical Profile of Medical Expert Witnesses in Personal Injury Litigation

41 Pages Posted: 29 Jul 2013 Last revised: 12 Aug 2013

See all articles by Genevieve Grant

Genevieve Grant

Monash University - Faculty of Law

David M. Studdert

University of Melbourne - Faculty of Law & Faculty of Medicine, Dentistry and Health Sciences

Date Written: July 28, 2013

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.

Keywords: civil justice, personal injury litigation

JEL Classification: K00, K39

Suggested Citation

Grant, Genevieve M. and Studdert, David M., The Injury Brokers: An Empirical Profile of Medical Expert Witnesses in Personal Injury Litigation (July 28, 2013). Melbourne Univeristy Law Review, Vol. 36, No. 3, 2013, U of Melbourne Legal Studies Research Paper No. 652, Available at SSRN: https://ssrn.com/abstract=2302435

Genevieve M. Grant (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

David M. Studdert

University of Melbourne - Faculty of Law & Faculty of Medicine, Dentistry and Health Sciences ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

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