Improper Defense Tactics

An instance of improper defense tactics which should be vigorously opposed by a plaintiff's attorney, would be any attempt by the defendant to introduce a written report generated by a defense expert. These reports by defense experts should not be admitted into evidence or be shown to the jury as the matters in the report may constitute hearsay. Such examples of this would be a statement by the plaintiff as to how the accident happened which bears no relationship to the medical treatment of the plaintiff. It is these attempts by the defense to get into evidence, through the back door, those things which should not be allowed into evidence, that must be vigorously opposed by the plaintiff's attorney. In most instances, a defense doctors report from a certified medical examiner is not one that is generated in the normal scope of his business, as would a medical record, therefore making the report inadmissible as hearsay.

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