Sunday, January 06, 2008

Anesthesiologist Competent to Testify on Ophthalmologic Effects, Says Idaho Supreme Court

Reversing a trial court's evidentiary ruling, the Idaho Supreme Court has held that an anesthesiologist was competent to opine that a patient's anesthesia caused post-operative blindness in his right eye. The lower court had wanted to hear from an ophthalmologist. See Foster v. Traul, No. 33537 (Idaho Dec. 24, 2007).


Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.