July 15, 2014

October 1993 - Be Careful with Experts


From Judge Clarence N. Stevenson of Victoria (24th District Court), this excerpt from the testimony of an expert witness (a neurosurgeon) in the trial of a slip and fall case. The questions are by Bill Seerden of Victoria (Cullen, Carsner & Seerden).

Q. Doctor, I guess I want to ask you about both then, both the original condition [of her back] and the surgery.

A. Her back is not a virgin. It wasn't a virgin from the moment that the disc herniated. If the surgery were performed by angels ... there will be some scar formation. The scar is not formed by the surgery, it's formed by a patient that is alive after the surgery. If you don't want scars forming after surgery, you must kill the patient. I try to avoid that, okay.

Q. We were glad you were successful.