During a medical malpractice trial, a surgeon testifies as an expert for the plaintiff, arguing that the defendant physician deviated from the standard of care. To challenge the surgeon's testimony, the defense attorney seeks to introduce a statement from a published and respected medical textbook that contradicts the expert's opinion. The defense attorney states in court that the textbook is recognized as authoritative. Under these circumstances, how may the textbook statement be used as evidence?
The statement from the textbook may be read into evidence if the court finds it to be a reliable authority, and the textbook itself is generally not admitted as an exhibit.
The statement from the textbook may be admitted into evidence as a physical exhibit if it is recognized as authoritative.
The statement from the textbook may be admitted into evidence if the expert witness relies on the textbook in forming their opinion.
The statement from the textbook cannot be used because it is hearsay and does not satisfy any exceptions.
A learned treatise falls under an exception to the hearsay rule but must adhere to certain limitations. Specifically, authoritative learned treatises may be read into evidence to either support or contradict expert testimony but are not entered as physical exhibits. The court or the opposing expert must agree that the treatise is reliable before the statement can be utilized. This rule ensures the effective and fair use of scholarly work in litigation while maintaining control over prejudicial or unnecessarily lengthy materials. Incorrect options assume either undue rigidity (e.g., requiring the expert's reliance to admit the statement) or incorrect admissibility criteria (e.g., confusing reading the statement with admitting the textbook as a physical exhibit).
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