I remember it like it was yesterday. I was at trial, sitting at the defense table and the plaintiff’s electronic medical records (EMR) expert was testifying before the jury. There he was, trying to invent conspiracy theory after conspiracy theory about how a defense witness lied about being physically present at the hospital during a certain time period. The crazy thing is that plaintiff’s pretrial electronic discovery requests never mentioned that witness. I remember thinking to myself: “This case now involves medicine, the law, and information technology (IT). The jury has to think this is the ‘trifecta’ of snooze. How did we get here?”

Thankfully, the judge did not permit much of the expert’s testimony, and he was ineffective as a witness. Because of this, our cross examination was short and we did not need to call our EMR expert and/or IT witnesses. We also did not lull the jury to sleep. Although this story had a “happy ending,” this incident could have easily spiraled out of control.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]