An Idaho man whose emergency care doctor failed to recognize he was having a stroke is entitled to a new trial based on an evidentiary error, Idaho’s top court said.
The trial judge incorrectly allowed a defense expert witness to testify about “hindsight bias"—the theory that the doctor would have acted differently if he’d known then what he knows now, the Idaho Supreme Court said Thursday.
The testimony was irrelevant and not based on scientific or technical knowledge outside the jury’s common understanding, it said in reversing the judgment and sending the case back for a new trial.
Expert witnesses ...