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.)
Plaintiffs Emma and Sabrina Smith’s Motion in Limine to Exclude the Opinion of Dr. Black Regarding the Difference Between a Pediatric Neurologist and an Adult Neurologist
Plaintiff Emma Smith, through her Guardian as Litem, Sabrina Smith, brings the following motion in limine and requests that the court order as follows:
1. To exclude any and all comments or opinions of Dr. Black regarding the differences between a pediatric neurologist and an adult neurologist;
2. To exclude any and all comments or opinions that adult neurologists “who see kids only for lawyers, credibility drops”;
3. To order defendant counsel to caution his witness as to the above referenced rulings;
4. To order defense counsel to approach the bench and make an offer of proof prior to soliciting any testimony that could elicit such an opinion or comment.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
INTRODUCTION
At the conclusion of the deposition of the defense expert, Dr. Black was asked if she had expressed all of her opinions. Plaintiff’s counsel then questioned his own witness about a separate subject and a new opinion. Specifically, on page 145, Plaintiff’s counsel states that his witness will be testifying regarding whether there is a difference between an adult neurologist and a pediatric neurologist, in terms of their knowledge and ability to review the materials.
In response to this question, Dr. Black was asked what the difference is by plaintiff’s counsel. Dr. Black’s complete answer on the subject was:
Yes, we see kids all the time and he never sees them at all. When the only kids you see are for lawyers, your credibility sometimes drops a bit.
Dr. Black expressed no other opinion, other than this lack of credibility, and no other basis for the difference between a pediatric neurologist and a neurologist other than only seeing kids for lawyers. (See Part 2 of 3.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.