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, U.C. 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 wrongful death case and its proceedings.)
Plaintiff Kim Smith’s Motion in Limine: To Preclude Expert Testimony of Defendant Medical Doctor as an Expert
Plaintiff hereby moves this Court for the following Motion in Limine and Order to preclude Defendants, their counsel, or witnesses from directly or indirectly attempting to introduce into evidence, opening statement or closing argument, the following matters:
TO PRECLUDE EXPERT TESTIMONY OF DEFENDANT MEDICAL DOCTOR AS AN EXPERT
This is a medical malpractice case where physician defendant breached the standard of care. As a result of defendant’s negligence there has been severe injury.
Defendant served a designation of expert witnesses, per Code of Civil Procedure §2034. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
DEFENDANT DID NOT DESIGNATE HIMSELF AS AN EXPERT NOR HAS A DEFENDANT BEEN DEPOSED AS AN EXPERT WITNESS.
C.C.P. §2034(1) states that:
Any party may demand a mutual and simultaneous exchange of parties of a list containing the name and address of any natural person, including one who is a party, whose oral. testimony in the form of an expert opinion any party expects to offer in evidence at the trial.
It logically follows, therefore, that anyone (including a party) who is not named on the expert list , should not be allowed to offer expert testimony at Trial. In the case herein, defendant doctor was not named on Defendant’s Expert Designation and thus MUST BE PRECLUDED FROM OFFERING OPINION TESTIMONY AT TRIAL. (See Part 2 of 3.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.