IMPORTANT DECISION REGARDING USE OF EXPERT MEDICAL WITNESS- INTERROGATORY, DISCLOSURE OF EXPERT WITNESS

IMPORTANT DECISION REGARDING USE OF EXPERT MEDICAL WITNESS- INTERROGATORY, DISCLOSURE OF EXPERT WITNESS

One of the features of LawReader.com is a weekly synopsis of all Ky. Appellate decisions. On Sept. 20th. the Ky. Supreme Court made several important rulings.

One ruling dealt with interrogatories, discovery vs. testimonial information, etc. Every Med Mal lawyer should read this ruling.

The Keyword teaser by LawReader says:

‘The trial court was in error when it failed to consider the effect of the requirements of CR 26 on the objecting party’s ability to perform under CR 30.02(4)(e), and in its failure to consider the admissibility of the proposed.”expert” testimony as to standard of care. It is obvious that Dr. Johnstone had no direct knowledge of Appellant’s treatment history of the decedent, and thus knew nothing relevant to the facts of this case upon which to base a standard-of-care opinion. In the absence of such a basic foundation to show his competency as an expert witness, not even a Daubert hearing was necessary”

In another ruling the Supreme Court held that a spouse who had only had sex outside the marriage one time, did not forfeit their right to inherit from their spouse, that only having sex one time did not fall within the statute that requires “living in adultery” as a basis to disinherit a wandering spouse.

If you subscribe to LawReader.com, you can weekly review all appellate decisions for that week. The monthly subscription to LawReader (for this and many other features) is only $34.95 a month.

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