Category — Federal Rules of Civil Procedure
Judge Moon Revisits Admissibility of Non-Disclosed Treating Physician Opinions Under Fed. R. Civ. P. 26(a)(2)
June 8, 2011 - Everyone has been there. You are in federal court, taking the deposition of one of plaintiff’s treating physicians. Plaintiff did not file an expert report with his expert disclosures pursuant to Rule 26(a)(2)(B) because treating physicians are exempt from producing an expert report when their opinion is confined to their treatment records. At the deposition, however, Plaintiff’s expert begins to testify to opinions that were NOT contained in his records. [Read more →]
June 8, 2011 Comments Off
