Texas Occupations Code 202.204 – Expert Witness
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(a) In this section, “expert witness” means a podiatrist or other qualified individual with whom the department contracts to assist the department with reviewing, investigating, or prosecuting complaints filed under this chapter.
(b) The department may contract with an expert witness, including an advisory board member under Section 202.051(a)(1), to assist the department with reviewing, investigating, or prosecuting a complaint filed under this chapter.
Terms Used In Texas Occupations Code 202.204
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Rule: includes regulation. See Texas Government Code 311.005
(c) Except for an act by an expert witness involving fraud, conspiracy, or malice, an expert witness is immune from liability and may not be subject to a suit for damages for any act arising from the performance of the expert witness’s duties in:
(1) participating in an informal conference to determine the facts of a complaint;
(2) evaluating evidence in a complaint and offering an opinion or technical guidance on an alleged violation of this chapter or a rule adopted under this chapter;
(3) testifying at a hearing regarding a complaint; or
(4) making an evaluation, report, or recommendation regarding a complaint.