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Medical Malpractice - Expert Report

 

Whether a witness is qualified as an expert is within the trial court's discretion. The party offering the expert's report bears the burden of proving the witness is qualified under rule of evidence 702. A physician is qualified if he has "knowledge, skill, experience, training, or education" to testify about the particular causation opinion at issue. Although not every licensed doctor is qualified to testify on every medical question, we must be careful not to draw expert qualifications too narrowly. 

Kim next asserts Cooperman's report was conclusory as to causation. An expert report need not marshal the claimant's evidence, but should explain the basis for its conclusions and link the conclusions to the facts of the case. A report's adequacy does not depend on whether an expert uses any particular "magic words."


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