Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
Plaintiffs Emma Hill and Noelle White’s Bench Brief Re Anticipated Testimony of Harold Lee, M.D.
Defendants have stated their intent to call their physician expert, Harold Lee, M.D., during trial.
Plaintiffs file this anticipatory bench brief in an effort to avoid protracted discussion at sidebar in the jury’s presence regarding various aspects of the scope of Dr. Lee’s testimony.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Dr. Lee Should Be Precluded From Offering Testimony Of Any Kind Relating To Ms. Hill’s Cause Of Death
First, Dr. Lee should be precluded from offering testimony of any kind relating to Ms Hill’s cause of death. In his deposition, Dr. Lee specifically testified that he would not be offering any opinion as to causation at trial:
Q: Are you going to render an opinion that sepsis from an infected sacral ulcer was not a cause of death for Ms. Hill?
A: Well, what I’m gonna say is it’s anyone’s guess whether it was the sacral infection or a urinary tract infection.
Q: So you’re not — you’re not gonna offer an opinion to a reasonable degree of medical certainty as to what the cause of death was for Ms. Hill; is that right?
A: Correct.
(Lee Depo. at 103:5-15.)
California law is clear that the parties are entitled to rely upon the representations of opposing experts during deposition regarding the scope and subject matters of opinions to be offered at trial. See, e.g., Jones v. Moore, 80 Cal. App. 4th 557, 565-66 (2000). Further, the Court specifically has granted motions in limine brought by both sides precluding opinions ruled out during deposition. Accordingly, Dr. Lee must be precluded from offering any opinions regarding cause of death. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.