Personal Injury Lawyer Blog
(Please 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.)
It is also 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.
On March 27, 2008, Dr. Lee was designated by Plaintiff Ana Black to testify regarding anesthesiology issues, including the standard of care and causation issues pertaining to anesthesiology. Nowhere was there any designation/declaration that Dr. Lee would testify regarding the standard of care for surgeons or nurses, or whether the plastic surgeon or nurses in the present case complied with the applicable standard of care. The obvious reason was that Dr. Lee is an anesthesiologist, not a plastic surgeon or a nurse, and he is not qualified to render an opinion in these other fields of medicine.
Likewise, Defendant Smith’s expert, Dr. Greene has similarly stated that he is neither an expert regarding the standard of care for surgeons or nursing, and that he does not intend to give any opinions in these areas. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
On April 16, 2008, Dr. Lee was deposed, and not only once, but twice, testified that he would not be giving testimony regarding the standard of care of the surgeon or the hospital.
Q. Do you intend to give testimony as to the standard of care as it applies to Dr. Goldberg, the plastic surgeon?
A. No.
Q. Do you intend to give standard of care testimony with respect to the hospital?
A. No.
Q. I want to be clear. Do you intend to give opinions regarding standard of care of Dr. Goldberg at trial?
A. No.
Q. That is correct?
A. Yes, sir.
At the outset of this trial, citing to the holding of Kennemur v. State of California (1982) 133 Cal.App.3d 907, 919, counsel for Defendant Smith brought a motion in limine to limit expert testimony to those specific areas which the experts testified to at their depositions. Specifically, Defendant Smith moved, “Defendant Harry Smith, M.D., hereby moves this Court for an Order to limit the testimony of minor plaintiff Ana Black’s expert witnesses to those opinions expressed by the witness in their depositions … ”
Counsel for Plaintiff agreed so long as the Order was mutual, and the Court so ordered. (See Part 3 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.