10/3/2023 0 Comments Lay witness california![]() Once a physician’s testimony borders that of a retained expert, then the evidentiary standards regarding the admissibility of expert testimony will apply. ![]() Such testimony would be leaning toward that of an expert. The physician cannot, however, opine as to why the levels are what they are. For example, a physician can read blood test results into evidence and state whether certain levels are elevated, normal, or low. As a fact witness, the physician will not give any medical opinions that are not based on his own treatment of the plaintiff. The physician will not testify to anything he did not personally witness. Likewise, the physician will only testify to procedures he personally conducted and will only rely on notes and reports that he personally created in the ordinary course of his duties as a doctor. A physician that is a true fact witness will only testify to his own personal observations when diagnosing, examining, and treating the plaintiff. Typically, treating physicians are considered fact witnesses (opposed to expert witnesses) because they are testifying to the facts and circumstances surrounding their own treatment of the plaintiff, and unlike witnesses designated as experts, they are not rendering a medical opinion as to causation or reviewing material outside of their own medical records. There is a fine line between a retained expert and a non-retained treating physician. When is a Treating Physician Considered an Expert Witness? ![]() For trial purposes, it is important to distinguish between these two types of physicians, as the label given to each can affect trial procedure and by extension, even the outcome of the case. But from a legal perspective, the two witnesses greatly differ. On the surface, the plaintiff’s physician may not seem all that different from the experts specifically retained to testify at trial, as both doctors have likely examined the plaintiff and reviewed all the pertinent medical records. A plaintiff’s own treating physician may also be a necessary witness, as the physician can attest to the plaintiff’s medical conditions and treatments. However, these are not the only doctors that will likely need to testify at trial. From product liability to medical malpractice claims, medical expert testimony is necessary to establish causation and oftentimes, can become the crux of the case.
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