Medical Literature in the Courtroom:  Learned Treatise Trial Practice and Procedure

Authored by: Theodore F. Roberts


            Medical literature and texts are often critical components of civil and criminal trials involving expert witness testimony.  Securing admission of epidemiology, animal or cellular studies, and alternative medicine literature is essential to any practitioner involved in mass tort, products liability, or medical malpractice cases.  Most complex trials require the use of medical and scientific literature to impeach the credibility of seasoned experts.  Counsel’s ability to address objections to the use of medical articles and texts adequately and correctly can be the difference between a favorable or an adverse verdict.  Mastery of the learned treatise rule is necessary for any practitioner who enters the courtroom.