9.8 Medical Literature

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

9.8 MEDICAL LITERATURE

9.801 In General. Virginia has adopted Rule 803(18) of the Federal Rules of Evidence permitting the use of treatises and other literature for impeachment and for admission as substantive evidence. ⁶² The literature can be introduced either by calling it to the attention of an expert witness upon cross-examination or through an expert who relies upon the literature on direct examination. If the literature is introduced on direct examination or the "reliable authority" foundation is laid on direct examination, copies of the statements sought to be introduced must be provided to opposing parties 30 days before trial. ⁶³ For the literature to be admissible, the expert must recognize it as reliable authority. It is not sufficient for the expert to acknowledge familiarity with the author and that the author is a reliable authority generally. The expert must be familiar with the particular item of literature itself. ⁶⁴

When counsel seeks to use medical literature for...