Section 13.21 Medical Expert as a Source of Proof

• Library: Sources of Proof (2014 Ed.)

Expert testimony on medical issues such as the extent and prognosis of a disease, the extent of a disability or impairment, proper and improper medical treatment, and other medical matters are common uses of expert witnesses in trials. As a general rule, this testimony must be given within a “reasonable [degree of] medical certainty.” Wollen v. DePaul Health Ctr., 828 S.W.2d 681 (Mo. banc 1992). For a complete discussion of the cases around this concept, see Glenn E. Bradford, Dissecting Missouri’s Requirement of “Reasonable Medical Certainty,” 57 J. MOBAR 136 (2001).

The expert testimony of a physician may be founded on a variety of bases, including:

· history, examination, and treatment of a patient, Hamilton v. Standard Oil Co. of Ind., 19 S.W.2d 679 (Mo. banc 1929);

· statements by the patient concerning the patient’s symptoms, Schears v. Mo. Pac. R.R. Co., 355 S.W.2d 314 (Mo. banc

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