AZ Supreme Court Explains Application of Rule of Evidence 615 to Expert Witnesses in Med Mal Case

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AZ Supreme Court Explains Application of Rule of Evidence 615 to Expert Witnesses in Med Mal Case

Arizona Rule of Evidence 615 (“the Rule”) provides that a trial court, at a party’s request, “must order witnesses excluded so that they cannot hear other witnesses’ testimony.” That rule was called into question recently when a patient sued her doctor of chiropractic for medical malpractice. Plaintiff alleged that Defendant negligently performed a chiropractic adjustment that damaged her cervical spine.

 

Each party hired two expert witnesses to testify at trial. Plaintiff retained a medical expert (Dr. B) to opine as to whether Defendant’s chiropractic adjustment complied with the applicable standard of care; and Dr. L as his causation expert. Defendant hired a standard-of-care expert (Dr. I) and a causation expert (Dr. H).

During pretrial discovery, both parties submitted disclosure statements relating to their respective expert witnesses as required by Arizona Rule of Civil Procedure 26.1(a)(6).

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