1317

Here's the response I would make: "Bad medical practice is a medical and common sense term, not a legal concept. This is not a "purely" legal opinion, it merely embraces the ultimate issue of negligence. Rule 704 allows opinions that embrace the ultimate issues, as long as they are not purely legal."

Questions? Email tanford@indiana.edu  and refer to 1317

The judge overrules the objection and continues:

Q: Would a nine minute lapse in restoring the heart beat in and of itself be bad medical practice?
A: In that small context I would have to say no.

Q. Then you would say no, there's no malpractice -- based on my question.
A: Given the limits of your question, that's correct.

Q. So the defendant was not negligent?

If objections were made that these 3 questions are asking the witness for legal, rather than expert, opinions, which questions should the judge allow? When you think you know the answer, click here .