– from Bruce L. in Brookfield, WI

Question Details:

I’m currently in a paternity case and was ordered to submit a blood test. The court designated a doctor to take the test. The doctor is using a new program for the test. I believe the program is a mistake and want to appeal the results, is this possible?

Family Law Attorney Response:

Thank you for your question. I would like to know more on why you do not believe the paternity results are accurate based off the program.

Appeals regarding technology occur often as people tend to not believe in new technology. However, in State ex rel. T.R.S. v. L.F.E. (In re Paternity of T.L.S.) 125 Wis.2d 399, 373 N.W.2d 55 (Ct. App. 1985), one party argued the results of computer-generated data brought forth by a doctor. The doctor said this technology is approved and used by other experts within the field. The court of appeals did not agree with the argument since physicians normally rely on the facts and opinions of other experts, courtroom testimony, when based on the medical observations and findings of others, is sufficiently reliable to permit medical conclusions.

Give me a call to set up a consultation and discuss more details regarding your question.

Dan Exner, J.D.

Family Law Attorney

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