Just a thought...

Forum for parents of injured who are seeking information from other parents or people living with the injury. All welcome
Locked
admin
Site Admin
Posts: 19873
Joined: Mon Nov 16, 2009 9:59 pm

Just a thought...

Post by admin »

I was wondering if anyone has ever had another person w/ the same type of OBPI testify in a trial as an example for the Jury to see or hear the facts that noone else will speak about?
Do Doctors testify for the Doctors that are on trial?
Thanks everyone!

Amy & Family
JeanKylesMom
Posts: 4
Joined: Sat Sep 02, 2006 11:02 pm

Re: Just a thought...

Post by JeanKylesMom »

The Doctor had a couple of local Doctor's testify for him.
admin
Site Admin
Posts: 19873
Joined: Mon Nov 16, 2009 9:59 pm

Re: Just a thought...

Post by admin »

I would not think an OBPI would be allowed to testify for another OPBI in court, based on the rules of evidence in a court of law. Each witness has to have some relevance to the direct evidence in the case.

Doctors do testify for doctors in court, but they generally are offering their expertise on how BPIs occur in their "expert" medical opinion (translation: trying to completely rebut the plaintiff's claims that the OB was guilty and injured the child). Other doctors might offer their medical expertise for the plaintiff on how the OB was definitely the cause of the injury. But their testimony is allowed because it is dealing with medical facts, causation, etc., from an "expert."

An OBPI obviously is not a medical expert and could not offer any perspective on the birth of the injured child or the facts in that particular case. And any testimony about the older OBPI's injury would be objected to as speculation from someone who has no involvement in the particular case and whose testimony has no proven relevance to the child in question. I just don't see how it would be allowed.

But ask your lawyer!
Locked