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Expert Report Not Required for Primary Care Physician to Testify
A physician who treated a patient plaintiff may testify concerning his consultation or treatment of a patient without providing an expert report, U.S. District Judge Michael Ponsor recently decided.
Under Fed. R. Civ. P. 26., Judge Ponsor concluded that a doctor may give causation and prognosis testimony if (1) it is based on the care-provider’s personal knowledge and observations obtained during the course of care and treatment, and (2) the care-giver was not specially retained for litigation or for trial.
Without such allowances, the court wrote, “it may be awkward, or even impossible, for a plaintiff to offer important medical testimony” as a doctor may simply decline to prepare the report, which is a substantial undertaking.
See: Garcia v. City of Springfield, 230 F.R.D. 247, 248 (D. Mass. 2005).
Under Fed. R. Civ. P. 26., Judge Ponsor concluded that a doctor may give causation and prognosis testimony if (1) it is based on the care-provider’s personal knowledge and observations obtained during the course of care and treatment, and (2) the care-giver was not specially retained for litigation or for trial.
Without such allowances, the court wrote, “it may be awkward, or even impossible, for a plaintiff to offer important medical testimony” as a doctor may simply decline to prepare the report, which is a substantial undertaking.
See: Garcia v. City of Springfield, 230 F.R.D. 247, 248 (D. Mass. 2005).
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Related legal case
Garcia v. City of Springfield
| Year | 2005 |
|---|---|
| Cite | 230 F.R.D. 247, 248 (D. Mass. 2005) |
| Level | District Court |
| Injunction Status | N/A |