An interesting letter to the editor and editorial comment in the August 2012 issue of Structural Engineer magazine brought up this topic.
The letter writer states he was dragged into a meritless lawsuit based on the "expert" testimony of a fraudulently produced affidavit of merit.
"In the United States, once...designated as an expert witness, that [person] is immune from legal recourse and thus not accountable for his/her statements, EVEN IF COMPLETELY WRONG. The reason for this is that the witness should not be afraid to offer his/her "expert" opinion."
"Some..."professional testifiers"...concoct theories having no technical merit...but generate hefty fees for the expert."
This whole thing is scary.
There are probably some state by state issues here. I know that there have been times that even though I was qualified as an expert I was not alolowed to give my opinion - this is Virginia. Are there more details or location you can give? And I'm sure JBS might offer some insight.
Well, in Texas the path to bringing a suit for professional negligence against a land surveyor typically requires an affidavit from another surveyor performing similar work in the same geographic area. I've prepared a few of these affidavits in connection with litigation and see absolutely no problem with it as a practice.
Is the acceptable alternative to be that some surveyor's negligence is not to be subject to a suit for damages? I'd hope not. The surveyor who is the subject of the suit is always free to offer a defense. It's not as if the affidavit by itself is conclusive.
> The letter writer states he was dragged into a meritless lawsuit based on the "expert" testimony of a fraudulently produced affidavit of merit.
One obvious route of recourse is via the professional licensing board. If a licensed professional makes a patently fraudulent affidavit, that ought to be grounds for disciplinary action. At least it would be under the set of rules governing the practice of land surveying in Texas.
