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22 Cards in this Set
- Front
- Back
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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)?
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Expert Testimony
(except in extreme circumstances) |
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In med mal case, what evidence is needed to prove the issue of CAUSATION?
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Medical experts
(causation issues beyond the ken of laypersons) |
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By what METHOD must experts testify?
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- HYPOTHETICALS
- based upon FACTS in evidence |
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Can counsel propound a hypothetical not based on that case's record?
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No.
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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?
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Yes.
HYPO valid as long as based on facts/circumstances that are - placed in evidence - AT SOME POINT in the trial. |
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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.
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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 |
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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.
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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.
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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. |
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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" |
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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.
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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.
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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. |
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Can a court allow an expert witness to be subpoenaed and testify for the other side?
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Yes.
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If a party subpoenaes the other party's expert witness, should a court exclude references to the expert's ORIGINAL EMPLOYMENT?
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Yes.
Such reference to the expert "switching sides" would be Prejudicial. |
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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?
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No.
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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?
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No.
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Can a Defendant bolster themselves by asserting that they have "NEVER BEEN SUED" before?
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No.
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When can a PLAINTIFF use a defendant's prior suits to impugn the defendant's credibility?
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If Defendant "opens the door" by testifying that he has "never been sued."
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Can a Hospital Service Manual that
- outlines Dr's responsibilities when performing services - be used as evidence of the Standard of Care? |
Yes.
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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. |
