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Question
Patient sues PharmaCo, alleging that a drug caused liver failure. Patient offers Dr. Rao, a hepatologist. Dr. Rao reviewed Patient's medical records, peer-reviewed studies, lab results, and interviews with Patient's family. Some family statements include hearsay that Patient drank heavily before hospitalization. Dr. Rao says hepatologists reasonably rely on patient-family histories when evaluating causation, but that the family statements were only one part of his differential diagnosis.
On direct examination, Patient wants Dr. Rao to tell the jury the contents of the family interviews and all details of the medical literature before stating his opinion. PharmaCo objects that the family statements are inadmissible hearsay and that the literature excerpts will confuse the jury. Patient says Rule 703 permits experts to rely on inadmissible information. PharmaCo also wants to cross-examine Dr. Rao on every basis for his opinion.
How should the court rule? Discuss expert reliance on otherwise inadmissible facts or data, disclosure of those bases to the jury, Rule 705, and reliability.