Skip navigation
× You have 2 more free articles available this month. Subscribe today.

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).

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

Related legal case

Garcia v. City of Springfield