Sacramento Brain Injury Lawyer Blog

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.)

It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy General, or Sutter Hospital.

ON CROSS-EXAMINATION, A BRAIN INJURY EXPERT MAY BE CROSS-EXAMINED REGARDING MATTERS THAT HAVE BEEN ESTABLISHED AS RELIABLE AUTHORITIES

Evidence Code §721(b) provides as follows:

(b) If a witness testifying as an expert testifies in the form of an opinion, he or she may not be cross-examined in regard to the content or tenor of any scientific, technical, or professional text, treatise, journal, or similar publication unless any of the following occurs:
(1) The witness referred to, considered, or relied upon such publication in arriving at or forming his or her opinion.
(2) The publication has been admitted in evidence.
(3) The publication has been established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Pursuant to the said section, once the item of medical literature has been established as a reliable authority by the expert's testimony, that reliable authority may be utilized to cross-examine the defense expert.

Continue reading "Sacramento Man Files Lawsuit After Brain Injury, Part 2 of 2" »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/personal injury case and its proceedings.)

It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy General, or Sutter Hospital.

Plaintiff's Opposition to Defendant's Motion in Limine to Exclude Expert Testimony Regarding Inadmissible Hearsay Evidence

AN EXPERT ON DIRECT EXAMINATION IS PERMITTED TO IDENTIFY THE BASIS FOR HIS OR HER OPINION

Evidence Code §801 permits an expert to base his or her opinion on matter "whether or not admissible," that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his testimony relates, unless an expert is precluded by law from using such matter as a basis for his opinion. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Thus, an expert may base his or her testimony on reliable medical authorities including such items as journal articles, books, and other similar reliable authorities that experts traditionally base their opinions on.

Plaintiff has no quarrel with the proposition that the actual content of such journal articles should not be recited by the expert on direct examination. However, the expert must be allowed to identify the medical journal articles upon which she has relied and also identify those medical journal articles that are reliable authorities. (See Part 2 of 2.)

Continue reading "Battle Over Medical Experts In Sacramento Brain Injury Case, Part 1 of 2" »