United States v. Tran Trong Cuong
United States Court of Appeals for the Fourth Circuit
18 F.3d 1132 (4th Cir. 1994)
Tran Trong Cuong (Tran) (defendant) was charged with unlawfully prescribing drugs. At trial, the prosecution's expert, Dr. MacIntosh, testified that most of the questioned prescriptions would do no medical good and could be harmful, and separately testified about a report on Tran's patients prepared by Dr. Stevenson at the prosecution's request specifically for this litigation, stating his own findings and Stevenson's were "essentially the same." Stevenson never testified, and his report was never admitted into evidence. The trial court overruled Tran's objection to this testimony, and Tran was convicted and appealed.
Whether a medical expert witness may rely on a report prepared for the litigation but not introduced into evidence, and testify that his own findings essentially match that report.