MS Car Wreck or Accident - Are Doctors Experts?

by Jay Foster, Mississippi Car Wreck Lawyer

Mississippi Courts have different standards for an expert witness. This is due to the fact that generally a party must disclose the expert's opinions and allow the other party to challege the expert's opinions and qualifications. Griffin v. McKenney, 877 So. 2d 425, 438 (Miss. Ct. App. 2003).

The Mississippi Supreme Court held that if you are in a car wreck, your doctor may testify as a lay
witness about the facts and circumstances surrounding your care and treatment. Id.


. . . may . . . describe what his records about the patient reveal[,] . . . [and may] state opinions
on what conditions the patient was suffering from if the opinion was acquired during the care
and treatment of the patient, and if no evidence was presented to the jury of the significance
of the condition.” Griffin, 877 So. 2d at 439-40 (¶50) (citing Scafidel, 486 So. 2d at 372).
Therefore, we find that neither Dr. McLeod’s nor Morgan’s testimony constituted
impermissible expert testimony. Furthermore, even if the testimony was expert in nature, we
find the admission of such testimony amounts to no more than harmless error as the medical
records were already introduced into evidence without objection by APAC.3

If you have any questions about this or any other Mississippi Car Wreck or Accident, please click here to contact Mississippi Car Wreck Attorney Jay Foster.