1. Please add the following new section:
- Traumatic Experience
Q. When did you first start having these nightmares?
Q. How long have you been having the nightmares?
Q. What were the nightmares about?
Q. How would you describe the person's demeanor after waking up?
Under Texas Rules of Evidence 803(2), an excited utterance ("[a] statement relating to a startling event or condition, made while the declarant as under the stress of the excitement that it caused") is an exception to the rule against hearsay. Tex. R. Evid. 803(2).
The critical determination of whether a statement is an excited utterance is "whether the declarant was still dominated by emotions, excitement, fear, or pain of the event or condition at the time of the …show more content…
Please add the following:
Diagnostic Research Grp. v. Vora, 2015 Tex. App. LEXIS 8691 (Tex. App.--San Antonio Aug. 19, 2015, no pet. h.). An expert witness does not have to be of the same medical specialty as the defendant to testify regarding the applicable standard of care or alleged departure from that standard. Under rule 702 of the Texas Rules of Evidence, "knowledge, skill, experience, training or education" about the issue the court is addressing is all that is required. See Tex. R. Evid. 702.
Owens v. Handyside, 2015 Tex. App. LEXIS 4138 (Tex. App.--Houston [1st Dist.] Apr. 23, 2015, no pet.). In accordance with section 74.401 of the Texas Civil Practices & Remedies Code, "to opine on the standard of care, a person must (1) be 'practicing medicine at the time such testimony is given or [have been] practicing medicine at the time the claim arose'; (2) have 'knowledge of accepted standard of medical care for the diagnosis, care, or treatment of the illness, or injury, or condition involved in the claim'; and (3) be 'qualified on the basis of training or experience to offer an expert opinion regarding those accepted standards of medical care.'" See Tex. Civ. Prac. & Rem. Code §