You need to have this question answered by one or more attorneys in Arkansas who specialize in medical malpractice.Ask a similar question
Too few facts are provided. I cannot tell whether your lawyer or the other side used the information, and whether the use of the information helped or hurt your case. Ask you lawyer what happened and what could have made for a different outcome. It sounds like a possible waiver of physician-patient privilege as an outsider was present when you met with the doctor.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.Ask a similar question
I don't know how to answer your question as phrased. I don't know what you meanb by "worked out". Your lawyers possibly should have seen this coming.......... IF they knew what the testimony was likely to be. But........ The courts decide (the judges) what evidence can come into the trial. Evidence that is otherwise inadmissible can be admitted for limited or purposes other being generally admissible. Impeachment (attacking credibility) is often one of the ways things otherwise inadmissible get into evidence.Ask a similar question
First, when a personal injury or wrongful death case gets filed, the general rule is that your medical history is put into issue. Second, in many cases, even when evidence is considered
"inadmissible" you can still possibly be asked about matters in your past for the purpose of testing your credibility with a jury. The document itself may not be evidence, but the circumstances can sometimes come in on cross-examination. The normal defense to something like this is to file a pre-trial motion in limine, which is a motion to keep out certain testimony. Chances are there would have been no good way to "work out" for opposing counsel to avoid using the information, but many things are subject to being negotiated.
Local evidence law governs this qustion. If, however you want to recover, you will likly have to give up any right to privicy.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.Ask a similar question
Sign up to receive a 3-part series of useful information and advice about personal injury law.