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, 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 case and its proceedings.)
DR. BLACK SHOULD BE PRECLUDED FROM GIVING ANY OTHER OPINIONS ON THE SUBJECT OF A PEDIATRIC NEUROLOGIST VERSUS AN ADULT NEUROLOGIST
Although Plaintiff’s counsel attempted to solicit from his own witness differences in education, background, training and/or knowledge of the two specialities, Dr. Black chose not to answer the question. She chose to give no admissible basis for her opinion and no opinion other than lack of credibility. Since she did not testify at her deposition of other bases or other opinions on the subject, she must now be precluded from giving same. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
An expert must, if asked at deposition, disclose the substance of the facts and the opinions which the expert will testify to at trial. (Kennemur v. State of California (1982) 133 Cal.App.3d 907, 919.) In Kennemur, the court explained:
[O]nly by such a disclosure will the opposing party have reasonable notice of the specific areas of investigation by the expert, the opinions he has reached, and the reasons supporting the opinions, to the end the opposing party can adequately prepare for cross examination and rebuttal of the expert’s testimony. (Whitehill v. United States Lines. Inc. (1986) 177 Cal.App.3d 1201, 1210, citing Kennemur at 919.)
Dr. Black’s intentional failure to disclose precludes her from expressing such testimony at trial.
CONCLUSION
Based on the foregoing, plaintiff respectfully requests that the opinion given in the deposition as to credibility be excluded and that Dr. Black be instructed to give no other opinions at the time of her testimony concerning the qualifications of the respective medical specialities.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.