1316

Here's the objection I would make: "I object to an opinion based on the hospital records. No foundation has been laid that these records are either in evidence, or are the kinds of documents upon which experts in the field regularly rely, as required by Rule 703.

Questions? Email tanford@indiana.edu and refer to 1316.

Assume the plaintiff goes back and lays this foundation and then re-asks the question. The testimony continues.

A: During surgery, she went into cardiac arrest. Her heart stopped. When the heart stops, the brain is deprived of oxygen. You get brain damage. That's why she is in the state she is in today.

Q: Dr. Towler has testified that he restored the heart beat in three to five minutes. In your opinion, is that an accurate estimate?
A: In my opinion it took much longer, nine or ten minutes. There's too much brain damage. The anesthesiologist is supposed to monitor the heartbeat. He should have noticed the cardiac arrest and revived her sooner.

On cross-examination, the defense asks:

"Are you saying that taking nine or ten minutes to restore a heartbeat in itself constitutes bad medical practice?"

If the attorney objected to this question on the grounds that it calls for a legal opinion, what response could the defense make?
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