Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this birth injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice action and its proceedings.)
Plaintiff Mark Smith, a minor, by and through his Guardian ad Litem, Alana Smith, hereby opposes Defendant Katherine Steinberg, M.D., et al.’s, Motion in Limine No. 6, to limit the testimony of Plaintiff’s expert witnesses to those opinions and conclusions testified to at their depositions and to exclude testimony based on materials not provided to or reviewed by them prior to their depositions, as follows:
Kennemur is Not Controlling
By this motion, Defendants are asking this Court to preclude Plaintiff’s experts from saying anything that they have not already said in their depositions. This is clearly contrary to the law, and would create a possible loophole in the expert discovery statute.
In the extreme, a Defendant would simply have to ask very few questions in deposition, and thereby effectively prevent the expert from testifying about anything other than what he or she was asked.
This is particularly true in instances where a Defendant insists on asking overly broad, catch-all questions such as, do you have any other opinions not yet expressed, rather than simply deposing the expert about the specific areas about which an expert could reasonably have an opinion in this case.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Surely the Defendants cannot possibly be asking the Court to make such a ruling.
Defendants’ reliance on Kennemur v. State of California, (1983) 133 Cal.App.3d 907 is misplaced. Even a cursory review of Kennemur reveals the case to be inapposite. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.