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

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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