June 1995 - Be Very Careful With Experts
From Joseph G. Rollins
of Houston, this excerpt from the cross-examination of a medical expert witness in a workers' compensation trial.
Q. Dr. Brown, you say the plaintiff has pain in his back, radiating down into his leg. How do you know that?
A. He told me.
Q. Dr. Brown, do you have an X-ray of that pain?
A. No, sir.
Q. Dr. Brown, isn't it a fact that you are depending upon what your patient told you
as the basis for your conclusion that he is suffering from pain?
A. That, sir, is the difference between a physician and a veterinarian.