Here's the objection I would make:

I object to an opinion based on the hospital records. No foundation has been laid that these are the kinds of documents upon which experts in the field regularly rely, as required by Rule 703.

Assume the judge overrules the objection and the testimony continues.

A: Cardiac arrest. During delivery, 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 (3) to five (5) minutes. In your opinion, is that an accurate estimate?

A: In my opinion it took much longer, nine (9) ten (10) minutes. There's too much brain damage.

Judge: Are you saying that failure to restore a heart-beat within nine (9) or ten (10) minutes in itself constitutes bad medical practice?


IF THE ATTORNEY OBJECTED TO THIS QUESTION ON THE GROUNDS THAT IT CALLES FOR A LEGAL OPINION, WHAT RESPONSE COULD THE DEFENSE MAKE?

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