As you listen to the medical expert in your Maryland medical malpractice case you notice that the expert is given an opinion that you know to be hearsay.
You look over to your attorney and you whisper to the attorney, “Are you going to object to this entire line of questioning? I mean it’s based on some hearsay?”
Before we go further, you need to understand what is hearsay in general.
It’s generally an out of court statement used to prove the matter it is trying to assert.
So for example, in a car crash case, if a bystander tries to testify that the light was red because the driver told him it was red, this would be hearsay.
The bystander has no personal knowledge as to the color of the light and is trying to prove it was red because of what the driver stated.
With that said, experts are allowed to use hearsay as part of their opinions as long as it is the type customarily relied on upon in their particular calling.
This how a medical expert is allowed to use information that he or she may have just learned at trial through other witnesses or other testimony.
If you have other questions and concerns about the medical malpractice process in Maryland or even whether you are the victim of medical malpractice, this is what we invite you do.
Pick up the phone and give us a call.
We can be reached at 301-850-4832.
We answer questions like yours all the time and we would be glad to listen to your story.