Art of Advocacy Series: Cross Examination of Medical Experts

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LexisNexis, Jun 21, 2016 - Law - 1602 pages
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Renowned medico-legal authority Marshall Houts and others analyze the cross examinations of leading practitioners that illustrate:

•   the impeachment of an expert witness
•   proving a case through cross examination of an adverse medical witness
•   refuting negative test results
•   and many other issues

First published in 1982.

1 volume; updated with revisions.


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4 Explain Medical Value of Negative Test
1 Establish Financial Interests
3 The Indirect Oblique Attack
Law of CrossExamination of Medical Experts
Sample Cross Examinations
Refuting Testimony of PsychiatristLack of Objective
CrossExamination By Defense Counsel of Plaintiffs
3 No Answer to Final Question
Agreement from Expert Orthopedist that Injury Resulted
CrossExamination By Defense Counsel of Plaintiffs
CHAPTER 14A Cross Examination of General Surgeon Treating
B Inadequate Foundation for Opinion
Impeachment with Deposition and on Inadequate Basis
Inadequate Physical ExaminationLumbosacral Sprain
CrossExamination Of Defendants Medical Expert

Using the Defense Expert to Show Defendants Deviation
Cross Examination of Defense Teeth and Jaw Expert
Cross Examination of Plaintiffs Neuropsychologist
Effective Use of Leading Questions Based
5 Problems Can Vary Day to Day 6 No Physician in Hospital Emergency Room
7 Acute Lumbosacral Strain
8 Medications 9 Physical Therapy 10 BackStrengthening Exercises for Radicular Pain 11 Treated by Chiropractor for Continuing Pain and Stiffness
12 No Medications Around Time of Exam 13 Claimant Was Fired
Spinal Meningitis
16 Mechanics of Injury 17 Examined Prior XRay Report 18 Examines for Medical Assessment Company Report of Earlier Examination
a Lordosis Only Partially Reversed
b Unable to Return to Work Three Months After Injury
19 Examination on Good Day 20 Pain Can Be Recurring
21 Works at Military Hospital a Experience with State Workers Compensation Claims b Treats Civilians at Hospital
22 Chiropractic Treatment Appropriate 23 Bilateral Muscle Strain 24 Never Treated Claimant
25 Would Not Recognize Claimant 26 Fee Paid by Medical Assessment Company
27 Does Workers Compensation Exams for Other Companies a Examines for Insurance Companies
28 Will Be Paid for Testimony 29 Claimant Not Malingering Symptoms Due to Work Injury 30 Failure to Read Treating Doctors Report Revisited
HostileNonHostileCross ExaminationDirect Examination 11 01 Risks and Reversal of Roles 1 The LessThanCooperative Witness 2 Courts Discretion ...
Short Cross Examination
Cross Examination of Plaintiffs ExpertMedical
Inconsistent Statements in Documents Medical Literature
Destroying the Hired Gun with Testimony from Prior
5 Always Testified for Defense in XYZ County
Not Contact Autopsy Prosecutor 23 Witness Gets Personal 24 Return to Witness Article on Sloppy Pathology a Does Not Like Constraints of Legal S...
b Defines Battered Child Syndrome c Accidents Not Considered in Many Cases d Reasonable Explanation for Some Injuries e How Injuries Occurred...
Impeachment of Plaintiffs ExpertsInconclusive
Weakening Defendant Experts Testimony with Medical
Impeachment of Psychiatrist Based on Incomplete
Differential Diagnosis of Encephalitis and Mental Deficiency 31 Defined Differential Diagnosis 32 Did Not Refer Plaintiff for Lumbar Puncture 33 R...
57 Visual Disturbances Related to Depressant Effects
52 Change in Medication No Mention of Continued Seizures
53 Expert Learns About Plaintiffs Anoxia From Family
Impeachment of Defendants Expert with Emergency
Saddle Block Frequently Used
11 Episiotomy Performed

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