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Cleveland State University

Medical witnesses

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Evidence

Medical Witness' Treatment By Courts, Monroe E. Trout Jan 1968

Medical Witness' Treatment By Courts, Monroe E. Trout

Cleveland State Law Review

An attempt has been made to review what the courts have recently said about medical witnesses and their testimony. Many questions can be asked about particular decisions, and indeed, an entire article could be written about individual cited cases. The only purpose of this paper is to review the recent decisions in order to give you a panoramic view of the type of questions which the courts are being asked to answer about the medical witness and his testimony.


Conspiracy Of Silence, Richard M. Markus Jan 1965

Conspiracy Of Silence, Richard M. Markus

Cleveland State Law Review

The requirement that independent expert medical testimony establish the proper standard of care and the defendant's failure to meet that standard imposes an almost insurmountable obstacle in many cases. The so-called conspiracy of silence has been recognized, as a matter of judicial notice, by courts in New Jersey, California, and elsewhere. The use of that phrase to describe the unavailability of medical witnesses has particularly dramatic force which impresses a court and jury. However, no apt phrase could detract from the reality of this practical problem which faces an attorney representing a client seeking damages from a physician for professional …


Subjective Complaints V. Objective Signs, David I. Sindell, Irwin N. Perr Jan 1963

Subjective Complaints V. Objective Signs, David I. Sindell, Irwin N. Perr

Cleveland State Law Review

The word "versus" in the title presents what we think is one of the most important problems of plaintiff trial lawyers today. After years of preparation, we submit our case to a jury; our medical witnesses offer testimony based on long time observation, treatment and evaluation. Then, in walks the defendant's doctor and proceeds to plunge a dagger into our case by calling our client either a malingerer or a neurotic, or just a plain liar. He testifies that he saw none of the objective signs that our medical examiners found, and concludes that all of the subjective complaints are …