CNX Course Approved for PA CLE Credits: Applying The Scientific Method in Claims and Litigation

Learning Objectives   Participants will know the difference between a conclusion that is drawn using a method grounded in scientific principles and one that involves biases, belief, and opinion. Participants will be familiar with several case studies that involve conclusions drawn from both scientific and unscientific methods. Participants will be able to evaluate scientific experts’ reports and conclusions for consistency with the scientific method Participants will be better at evaluating insurance claims by knowing when they or one of their experts is drawings conclusion without the existence of evidence.   Description   The scientific method was developed hundreds of years ago and is still the most accepted and sometimes required method of drawing conclusions to a reasonable degree of certainty.  Our own biases and experiences can affect our ability to objectively evaluate conditions encountered in our world.  The session will explore the methods of gathering evidence and evaluating observations and focus on drawing objective conclusions or determining if further investigation is required. This course will describe the Scientific Method and present its application to insurance claims and litigation from the perspective of an expert as well as an adjuster or claims handler.  Examples will be provided of what is and is not a method grounded in scientific principles and how the method used to draw conclusions affects the accuracy of the conclusion as well as its credibility in a legal setting. Case studies will be presented with an emphasis on conditions that are, in reality, different than they appear upon initial review. This course is not technical, and a scientific background is not required.  A more detailed description of the Scientific Method and how it applies to forensics is described in one of the CNX blog posts written by John Poole, P.E.: The Scientific Method: The Backbone of Forensics – CNX Forensics and Consulting.

The Most Important Part of Engineering

When you tell someone you’re an engineer you can almost see their mind travel through the wormhole of stigmas associated with the profession.  The stereotype of engineers wearing short sleeve button downs, a black tie, black-framed glasses, and using slide rules still exists believe it or not.  At a minimum, people tend to think of engineers as anti-social number-crunchers that aren’t expected to interact with other people very much, but better damn-well get those calculations right. Number crunching is still important in engineering, although in my job as a forensic engineer and expert witness, the calculations I do are few and far between.  Nevertheless, the numbers need to be correct for the bridges to stand and the rockets to launch.  However, the computer checks on these calculations are substantial and getting better every day.  This is what brings me to the most important part of engineering: ethics. Notice that I didn’t say this is what I think is the most important part of engineering.  This is because ethics has long been taught as the most important part of engineering, probably since the 1970s.  As an undergraduate engineering student, the importance of ethics is drilled into your head just as much as the importance of accurate calculation.  But the folks at the cocktail parties that draw conclusions when you tell them what you do for a living don’t know this.  In fact, they know very little at all about engineering and the construction industry. Interestingly, we often get into engineering and construction situations that are not understood by the average non-industry person (aka civilian).  It can sometimes appear easy to take a path of questionable ethics that would never be understood as unethical by bystanders.  Opportunity arises to sweep things under the rug and bury them in places that nobody will find.  But ethics and leadership is about doing the right thing even when nobody will find out.