Only a malpractice cause of action brought against an expert witness will protect and compensate injured individuals as well as deter future misconduct. It will ensure "quality control" of expert opinions by encouraging experts to be careful and accurate.

Elements of an expert malpractice cause of action are:

1. A negligent act or omission by the expert in breach of that duty.
2. Causation.
3. Damages.

The standard of care for a forensic scientist is that of the reasonably prudent practitioner in the relevant scientific field. Standards of professional practice and ethical codes, as promulgated by the discipline, may be used to help define the duty of care. Most disciplines within the forensic sciences have adopted such standards of conduct.

The very existence of the cause of action will ensure that experts are held accountable for their opinions. The full and accurate development of evidence in civil and criminal litigation is not served by protecting the negligent, incompetent or dishonest expert witness. The justice system as a whole benefits when such causes of action are permitted. The forensic sciences themselves will enjoy greater respect and admiration when it is known that their practitioners are accountable for their misdeeds, and that the professions favor eliminating the unethical individuals among them.

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