Timely Objection to Reliability of Scientific Evidence
In Maritime Overseas Corp. v. Ellis, 971 S.W.2d 402 (Tex.) the Texas Supreme Court held that a party challenging the reliability of scientific evidence must make a timely objection before trial or when the evidence is offered; otherwise "the offering party is not given an opportunity to cure any defect that may exist, and will be subject to trial and appeal by ambush." Ellis, 971 S.W.2d at 409.
In Dougherty v. Gifford, 826 S.W.2d 668 (Tex. App.--Texarkana 1992, no writ), the jury awarded damages to Gifford on his medical malpractice claim against Dr. Dougherty.
One of Dougherty's arguments on appeal was there was no evidence the past medical expenses were necessary and reasonable.
However, the Dougherty defendants did not object to the medical expense evidence on that basis at trial. Id. at 680.
The appeals court stated, "Indeed, their counsel expressly stated he had no objection to such evidence. Any error in this respect was waived." Id.