A somewhat different question has arisen in the case a witness who, like a family physician or attending physician, has learned facts and has been paid for his attendance, or who exacts paj ment for his attendance, as a physician from his patient, and this question when such a professional man has been called upon testify the information thus attained, whether can asked for, and required give, opinions based those facts? Necessarily, having learned the facts by observation, such as the appearance, symptoms, and actions of the patient, when testifying as these matters, nothing more or less than an ordinary witness, because testifying matters observation. As these matters public policy requires, except far as has been modified, or rather extended, our statutes which forbid testimony as privileged communications, that must testify, the sarhe as any other witness. But suppose that, having testified the facts, he asked give his opinion for example, in an insanity case, whether the symptoms that found in his patient led him to the belief as a professional man experience and skill that his patient was sane or insane. the question Can compelled give that opinion, if chooses decline give it without the romise or assurance further compensation than the mere per diem fee and mileage an ordinary witness? The best authority the effect that must testify, the reasoning the court being that his opinion only a part of what derived from his original relation physician his patient.
same case, Same Rule in Civil and Criminal Cases. The rule the same whether the professional man called testify as an expert in civil or criminal cases.
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In either one not obliged give an opinion as such, independent a personal knowledge the facts in the case, without being paid or assured reasonable compensation therefor. His proper course conduct when has obeyed the subpoena and in the presence the court writing homework help online and has been sworn, and the questions put by counsel disclose that the object his examination elicit from him an opinion, state the court that has not been paid any other compensation than that an ordinary witness, and that respectfully declines give an opinion in the case as an expert, without compensation proportionate the value It has been a matter great. After the expert placed phd thesis for sale upon the stand, as have seen, the counsel upon the side the case which summoned interrogates him as his capacity, the purpose the interrogation being that his answers shall qualify him and show him an expert.
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Whether or not an expert so as permit the giving his opinion as part the case go the nvj, for the court decide in limine, that at the threshold, and as a matter discretion, and the exercise of that discretion, if fair and reasonable, will not disturbed upon appeal the higher court.
It permissible, but also discretionary, after the counsel calls the witness and has apparently qualified him, for the counsel upon the other side to cross-examine the witness as his qualifications before is examined in chief, with a view determining whether or not there are limitations upon those qualifications which should prevent the court from permitting him testify as an expert. The general rule as stated Greenleaf in his work on Evidence, that not necessary that the medical expert should have actually practised his profession. Nor it essential that the witness should belong any particular school medicine.
The thesis paper writing law does not undertake pass upon conflicting theories medical practice, in determining the question the qualification a medical expert. It proper, however, for counsel inquire as what school medicine the witness an adherent, because its importance in weighing the value his testimony after has been given. Persons Not Duly Licensed Sometimes Held Not Competent. It has also been a mooted question in those States where necessary, in order enable a person practise sic or surgery, that should licensed, whether a person practising without a license, however extensive his reading and practice, would considered qualified as need someone to write my essay an expert witness in a court of justice.
This point, far as diligent examination discloses, has not been determined in any reported case, although has been suggested at nisi prius and has been, in one instance within the knowledge the writer, decided that not be considered an expert in matters involving medical knowledge and skill. The reasoning the court was that the policy the State prohibit bid writing services persons not possessing the qualifications required obtain a license, froin acting in any capacity as professors and practitioners medicine or surgery. If the witness a member the profession, legally qualified as such, has been held that sufficiently qualified as an expert if shows that possesses the average ability members of his profession. As the question whether necessary that the witness should actually have practised his profession, see the last-cited text-writer, Sees. who seems have entertained views opposite those stated Professor Greenleaf. Wharton Evidence, states the rule as follows He must have special, practical acquaintance with the immediate line inquiry more than a mere vague, superficial knowledge. But need not acquainted with the differentia of the specific specialty some to write my paper under consideration.. A general knowledge the department which the specialty belongs Interested Persons may still Testify as Experts.