Deposition transcripts from prior malpractice case admissible over hearsay objection, Daubert challenge.

Topic: Professional Licensing, Decided by: Judge Malihi 
Docket Number: 1511102 , Decision Date: February 9, 2015 
Attachment: Click here to download the decision. 

Transcripts from a deposition in a prior medical malpractice lawsuit involving the same facts giving rise to the Georgia Composite Medical Board’s disciplinary action against Respondent, a surgeon, were admissible under a hearsay exception because the Board demonstrated that the witnesses were unavailable and Respondent had opportunity and similar motive to develop the deponents’ testimony by cross-examination. Respondent’s challenge to the deponents’ qualifications under Daubert failed because the deponents qualified as experts under the applicable rule.

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