I am an RN in California and I have an Administrative hearing coming up. In this hearing, the prosecution is presenting an "expert witness report" from a psychologist. In this report, she (the psychologist) uses this diagnostic terminology related to me "although I have not seen his military record, it is possible that he is suffering from PTSD related to his military service. Sociopath with violent tendencies. And possible suffered violence in his you".
All this in her report without her ever having assessed me in any way, shape, or form. She has not performed any kind of psychological testing of or with me, and she has never even had one conversation with me.
Is her report even admissible in the hearing? And what can I do about it to keep it out of the hearing?
Expert reports are admissible in an administrative hearing. The reports are administrative hearsay and although admissible they cannot be the sole basis for a administrative law judge's determination. The judge can use administrative hearsay to support other evidence in making a determination but it cannot be the sole basis of a determination. You should object that it is administrative hearsay and admitted for a limited purpose. You may want to call the doctor as a witness to define the limited basis for the opinion. But as suggested by the other commentators it is a tactic best used by an experienced lawyer. Good luck.
Expert reports are admissible in an administrative hearing. The reports are administrative hearsay and although admissible they cannot be the sole basis for a administrative law judge's determination. The judge can use administrative hearsay to support other evidence in making a determination but it cannot be the sole basis of a determination. You should object that it is administrative hearsay and admitted for a limited purpose. You may want to call the doctor as a witness to define the limited basis for the opinion. But as suggested by the other commentators it is a tactic best used by an experienced lawyer. Good luck.
Expert reports are admissible in an administrative hearing. The reports are administrative hearsay and although admissible they cannot be the sole basis for a administrative law judge's determination. The judge can use administrative hearsay to support other evidence in making a determination but it cannot be the sole basis of a determination. You should object that it is administrative hearsay and admitted for a limited purpose. You may want to call the doctor as a witness to define the limited basis for the opinion. But as suggested by the other commentators it is a tactic best used by an experienced lawyer. Good luck.
Expert reports are admissible in an administrative hearing. The reports are administrative hearsay and although admissible they cannot be the sole basis for a administrative law judge's determination. The judge can use administrative hearsay to support other evidence in making a determination but it cannot be the sole basis of a determination. You should object that it is administrative hearsay and admitted for a limited purpose. You may want to call the doctor as a witness to define the limited basis for the opinion. But as suggested by the other commentators it is a tactic best used by an experienced lawyer. Good luck.
