Legal Question in Medical Leave in Kentucky

The following exchange occurs between a defense attorney and a doctor testifying as an expert witness for her client: ďQ: In your opinion and based on your experience, does the computer over-read or under-read EKGs? A: over-read. Q: And thatís the way it should be, isnít that correct? A: Yes Q: And that is because all doubt must be resolved in favor of the patient, isnít that right? A: Yes.Ē What objection should opposing counsel raise?

Asked on 7/17/11, 7:24 pm

2 Answer from Attorneys

Andrea Welker Welker Law Office
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What is this? Law school pop quiz?

Objection, leading question. If the expert is defendant's witness, she should be directing testimony, not testifying herself. Leading questions are reserved for cross-examination.

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Answered on 8/04/11, 5:55 pm

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