Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 8 of 8
Full-Text Articles in Evidence
Expert Testimony And Professional Licensing Boards: What Is Good, What Is Necessary, And The Myth Of The Majority-Minority Split, Timothy P. Mccormack
Expert Testimony And Professional Licensing Boards: What Is Good, What Is Necessary, And The Myth Of The Majority-Minority Split, Timothy P. Mccormack
Maine Law Review
Defendants regularly argue that a Review Board's decision must be overturned because it is not supported by expert testimony. Boards counter that they are qualified, by virtue of their role as the guardians of the standards for their profession, to determine the appropriateness of a defendant's conduct without the assistance of expert testimony. When courts address these arguments, they routinely ask if expert testimony is necessary to establish the standard of care in disciplinary hearings before a professional licensing board. Courts answer this question differently. In fact there is a seeming schism among the states about the importance of expert …
Evidence--Medical Malpractice--Expert Testimony Of Defendant Physician When Called As Adverse Witness, K. Paul Davis
Evidence--Medical Malpractice--Expert Testimony Of Defendant Physician When Called As Adverse Witness, K. Paul Davis
West Virginia Law Review
No abstract provided.
The Physician As A Witness, Robert I. Zashin
The Physician As A Witness, Robert I. Zashin
Cleveland State Law Review
As a public servant the physician, being licensed to practice medicine, has certain obligations both to the state and to his profession. His primary obligation is to give aid to his patients and offer himself as a person capable of diagnosis and treatment of human ills. It is conceded by most observers that few professions require more careful preparation than that of medicine. However, a doctor's skill is not always to be found in his office. He is now often called upon to "battle" in the courts as an expert witness. In the growing interrelationship between law and medicine, the …
The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth
The Conspiracy Of Silence: Physician's View, Carl E. Wasmuth
Cleveland State Law Review
To many a physican, law suits, courts, and occasionally law- yers themselves are anathema. Schooled in the sciences, his life is dedicated to the practice of medicine. He is a man of conviction and of purpose. He is articulate and even at times loqua- cious. These qualities would lead one to believe that the physician would be well equipped, quite willing, and capable of appearing as an expert witness in a court of law. Quite to the contrary, the physician most generally is unwilling to be a legal witness. In fact, the entire subject of law suits often is repugnant …
Special Law For Medical Specialists, Bernard R. Koehne, James G. Young
Special Law For Medical Specialists, Bernard R. Koehne, James G. Young
Cleveland State Law Review
We do not question the need for, or the benefits of specialization, but rather point to some of the confusion which results, in legal cases involving the medical specialist. The apparent contradiction that appears in proceedings involving specialists is illustrated by two cases where the patient's heart stopped beating while on the operating table.
Positive Handling Of The Negative X-Ray, Lawrence V. Hastings
Positive Handling Of The Negative X-Ray, Lawrence V. Hastings
Cleveland State Law Review
Defense counsel usually pounce on "negative" x-rays, i.e., ones which show little or no change from before to after the accident. They triumphantly parade admissions from medical witnesses that "the x-rays in the case are totally negative," before a jury which is enormously impressed through abysmal ignorance of what x-rays can and do show. Thus, the problem facing counsel for the injured party is how most persuasively to acquaint the jury with means of properly evaluating x-rays in view of their significant attributes and their deficiencies. Plaintiff's counsel must somehow explain the purpose of x-rays, augment their limited information, and/or …
Subjective Complaints V. Objective Signs, David I. Sindell, Irwin N. Perr
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 …
The Basis Of Medical Testimony, Paul D. Rheingold
The Basis Of Medical Testimony, Paul D. Rheingold
Vanderbilt Law Review
Like any other expert, the medical witness is brought into court to render an opinion upon technical issues involved in a case. Fundamental to the opinions or conclusions which the medical witness renders is a matrix of data learned, observed or related, both fact and opinion. These subsidiary items, taken together, are commonly referred to as the basis of expert testimony. Thus a doctor, in testifying on the cause of a patient's condition, for example, might refer to and rely upon what he has observed in examining the patient, upon what the patient has told him of his symptoms, and …