QUESTION

My chiropractor has my care, filled out FMLA paperwork is this legal to stand up in court?

Asked on Mar 26th, 2014 on Personal Injury - Indiana
More details to this question:
I am being told its not enough. My x ray \s his care and the MRI speak for themselves, but I am being told his opinion or his dr. notes are no good is this really true?
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1 ANSWER

What I think you are asking is whether the doctor's opinions will be admissible in court.  In order for an expert medical opinion to be admissible, first the doctor would have to come to court and testify as to what his or her opinions are.  The documents themselves are not admissible without a witness who can be cross-examined about the information contained therein.  Indiana Rules of Evidence 702 and 703 address opinions and testimony by expert witnesses.   IRE 702 provides as follows: (a) A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue. (b) Expert scientific testimony is admissible only if the court is satisfied that the expert testimony rests upon reliable scientific priniciples. IRE 703 states: An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed.  Experts may testify to opinions base on inadmissible evidence, provided that it is of the type reasonably relied upon by experts in the field.    If you have addional questions about the admissibility of evidence, you should contact an experienced personal injury attorney.  
Answered on Mar 27th, 2014 at 4:31 PM

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