During a medical malpractice trial, the plaintiff's expert witness testifies about the defendant doctor's deviation from the standard of care. On direct examination, the plaintiff's attorney asks the expert if her opinion is supported by a specific passage in a leading medical textbook on cardiology. The defense objects. Under the Federal Rules of Evidence, how should the court rule on the admissibility of the textbook passage?
Exclude the statement, because a learned treatise can only be used to impeach an expert on cross-examination.
Exclude the statement, because the textbook is inadmissible hearsay.
Admit the statement, but only if the textbook is offered into evidence as an exhibit for the jury to review.
Admit the statement, provided the expert establishes the textbook is a reliable authority.
Under Federal Rule of Evidence 803(18), a statement from a learned treatise is admissible as a hearsay exception if it is relied upon by an expert on direct examination or called to an expert's attention on cross-examination, and the publication is established as a reliable authority. In this case, since the expert is relying on the treatise on direct examination and it is a 'leading medical textbook', the conditions for admissibility are met. The statement may be read into evidence but not received as an exhibit. The other options are incorrect because being hearsay is the reason the exception is needed, establishing reliability is a necessary step, and the rule explicitly allows this use on direct examination.
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