Expert Witnesses:
1.    Expert Consultant:  Not discoverable but becomes discoverable if his work is relied upon by the testifying witness.
2.    Testifying Expert:
a)    Comes to opinions not on individualized knowledge.  May be asked to examine the witness, but not usually the case.  Works from depositions, medical records, etc.
b)    Treating doctor is often the witness b/c no one else has a greater understanding of patient’s condition.
3.    Products Liability Cases: concept of “junk science.”  Experts who are called upon in which after the product is made, there isn’t much science as to the use of the product.  And it is often during the use of the product when the injury occurred.  So have to be careful as to looking at expert’s opinion regarding causation.  There is not much research after the marketing of the product.
a)    Rule 702: qualifications of expert includes the words “experience” and does not include mere education or degree.  Experience is a qualification that can be brought forward.
4.    Medical Liability Case–tension between legal and medical professions.
a)    Doctors in small towns wouldn’t testify against each other so judges required a local standard of care for testifying doctors.  This led to guidelines for expert witnesses
(1)    Neurosurgical Guidelines–individual should not be an advocate for a particular side, but for truth. But one sides hires him and he will be convinced that his side is right.  Guidelines suggest the payment of money should not influence, but it does.  Provides there is a no-contingency fee b/c a doctor may skew their view in order to win.
5.    Good vs. Bad Lawyering: Bad if you don’t understand what the expert is allowed to tell you.
6.    Texas State Board of Medical Examiners: if doctor has three cases against him in one year, he has to talk to the board.