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22 Cards in this Set

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In med mal case, what evidence is needed to prove the issue of LIABILITY (i.e. whether a healthcare provider complied with the standard of professional conduct)?
Expert Testimony

(except in extreme circumstances)
In med mal case, what evidence is needed to prove the issue of CAUSATION?
Medical experts

(causation issues beyond the ken of laypersons)
By what METHOD must experts testify?
- HYPOTHETICALS

- based upon FACTS in evidence
Can counsel propound a hypothetical not based on that case's record?
No.
Can counsel propound a hypothetical based on evidence counsel (in good faith) believes WILL BE elicited during trial, but which HAS NOT YET been elicited?
Yes.
HYPO valid as long as based on facts/circumstances that are
- placed in evidence
- AT SOME POINT in the trial.
True or False:
Evidence upon which a hypothetical will be posed to an expert MUST be introduced BEFORE the hypo is posed to the expert.
False.
The question of whether circumstances were sufficiently proven to establish the fact contained in a hypothetical is:
1) An issue for judge
2) An issue for jury
2) An issue for jury

UNLESS
Judge determines there is NO EVIDENCE to support the testimony.

No evidence --> Judge
Some evidence --> Jury
True or False:
An expert can testify that he PERSONALLY would have chosen a different course from the STANDARD OF CARE as:
AFFIRMATIVE EVIDENCE
False; this is irrelevant.
True or False:
An expert can testify that he PERSONALLY would have chosen a different course from the STANDARD OF CARE for:
IMPEACHMENT OF THE WITNESS
False; this is irrelevant and not admissible.
True or False:
Georgia courts can take Judicial Notice of "medical literature" and "learned treatises" for:
PRIMARY EVIDENCE
False.

Ga. courts don't allow medical literature to come in as primary evidence.
True or False:
Experts cannot act as a "conduit" by reciting the Opinions of Others (e.g. from medical literature).
False.

Experts cannot be mere "conduit"
True or False:
An expert's testimony can be based on reading medical literature AND his experience.

But any medical article itself is inadmissible.
True and True.
True or False:
Standard Treatises in the field are not admissible as "primary evidence."

Accordingly, an expert witness may NOT be cross examined using a Standard Treatise.
False.
True or False:
Expert witness MAY be cross examined with a Treatise ONLY if the Treatise is proved to be "STANDARD"
True.

Experts can't be examined using a treatise not proved to be "standard" in the field.
Can a court allow an expert witness to be subpoenaed and testify for the other side?
Yes.
If a party subpoenaes the other party's expert witness, should a court exclude references to the expert's ORIGINAL EMPLOYMENT?
Yes.

Such reference to the expert "switching sides" would be Prejudicial.
If an expert X "switches sides" from A in case 1 to B in case 2, can B tell the jury that X "must be qualified" because A retained and used X in an earlier action?
No.
If an expert X "switches sides" from A in case 1 to B in case 2, can B tell the jury that A "wants to hide the truth" because A retained and used X in an earlier action but did NOT call him in Case 2?
No.
Can a Defendant bolster themselves by asserting that they have "NEVER BEEN SUED" before?
No.
When can a PLAINTIFF use a defendant's prior suits to impugn the defendant's credibility?
If Defendant "opens the door" by testifying that he has "never been sued."
Can a Hospital Service Manual that
- outlines Dr's responsibilities when performing services
- be used as evidence of the Standard of Care?
Yes.
True or False:
A Hospital Service Manual is INADMISSIBLE if the Defendant Dr. is shown to have been UNAWARE of the manual.
False.
The Manual can still be admitted to establish Standard of Care.