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Quantitative assessment of pulmonary obstructive diseases, such as asthma, may be difficult because of variability of obstruction. This is particularly true with regard to expert evidence pulmonary physicians deliver to insurances. Severity of obstruction, degree of impairment by an obstructive ventilatory defect, and temporal relationship of bronchial obstruction to exposure, may not be detected by physiological measurements in the pulmonary function laboratory. Much of the expert's opinion on these matters will depend on the credibility he assigns to the insured individual. The insured individual, in the other hand, has no other proof available than the description of his complaints, which puts him at a disadvantage. Serial peak flow measurements can be instrumental in clarifying such issues. They add an objective dimension to the case history. Six cases in which expert evidence was commissioned by insurances are described in detail, to exemplify how the thinking of the experts was modified by peak flow profiles. The greater usefulness of serial peak flow measurements in occupational asthma is emphasized and problems that may arise with peak flow measurements are discussed.
Expert opinions are usually requested by the courts when the dentist is the plaintiff. The patient must provide the dentist with an opportunity to rectify possible defects. The assessment is based on whether or not the prerequisites necessary for successful treatment were present at the time of insertion. The number of lawsuits involving bridgework is increasing.
Behavioral science studies conducted on rape victims reveal a posttraumatic stress disorder which follows the attack known as rape trauma syndrome. Evidence of rape trauma syndrome can be very useful in explaining the behavior of rape victims. Rape trauma syndrome can help corroborate the victim's assertion of lack of consent and also help the jury understand the typical reactions of rape victims. Courts have held that expert testimony of rape trauma syndrome is admissible as evidence of (i) lack of consent, (ii) the amount of damages in civil suits, (iii) a defense to culpable behavior, and (iv) an explanation for behavior of the victim that is inconsistent with the claim of rape. Rape trauma syndrome meets the requirements for admissibility when it is used for the proper purpose and with adequate safeguards to prevent any unfair prejudice. Based on case precedent on the admissibility of rape trauma syndrome as scientific expert testimony, rape trauma syndrome should be admissible if (i) the evidence presented only shows the typical reactions to rape and does not make any legal conclusions as to whether the victim was raped, (ii) the expert is qualified, (iii) a proper foundation is laid, (iv) liberal cross-examination of the expert is allowed, and (v) the defense can introduce its own expert testimony on rape trauma syndrome.
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