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Sprague v. Avalon Care Center, 2019 UT App 107 (June 20, 2019)

Jun 20, 2019

An expert witness is not required to expressly state that each of his opinions on the standard of care was given within “a reasonable degree of medical certainty.”  Instead, the expert’s testimony should be viewed as a whole and analyzed on its substance to determine whether it is sufficiently reliable.  Applying this standard, the court concluded that the expert’s testimony was offered either expressly or impliedly to a reasonable degree of medical certainty, and therefore the directed verdict was properly denied.