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Expert Medical Testimony In Texas., Zollie Steakley
Expert Medical Testimony In Texas., Zollie Steakley
St. Mary's Law Journal
An ordinary function of the jury in our legal system is to determine questions of fact. Although issues are less difficult when common knowledge and lay judgment are adequate, the field of medicine is an area in which the jury may be assisted by expert testimony. Courts allow the admission of expert medical testimony to assist jurors to show important aspects of a case, including physical condition, the cause of injury, the effect and probable future consequences of an injury or disease, and the cause of death. However, such testimonies are not binding upon the trier of fact unless they …
Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine
Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine
St. Mary's Law Journal
The doctrine of res ipsa loquitor infers negligence from the physical cause of an accident and eliminates the necessity of determining with certainty the responsible human cause. Specifically, in Texas, res ipsa loquitor means that the facts of an occurrence warrant an inference of negligence, that they furnish circumstantial evidence in the absence of direct negligence, and that the facts call for an explanation or rebuttal. Each state applies the doctrine differently and the outcome of each case is dependent on the procedural effect. Generally, invoking the doctrine of res ipsa loquitor may result in either of two procedural effects: …