Legal Question in Civil Litigation in California

Admissibility of Medical Expert Testimony

Trial in process: Any precedent that will allow a medical expert to testify at trial for the defense after being retained, but not disclosed, by plaintiff's counsel. This doctor examined the plaintiff at the request of plaintiff's counsel and wrote an evaluation basically suspecting fraud.

Without knowing that plaintiff consulted this expert, defense counsel forwarded x-rays for his review and evaluation. The doctor did not realize the conflict until after being asked to testify at trial on behalf of the defense.


Asked on 6/14/00, 7:59 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Admissibility of Medical Expert Testimony

If the doctor was used as a consultant by the plaintiff and not named as an expert for trial you will not be able to use the doctor as a witness. However, if there is medical evidence of fraud your own expert witness should have no problem finding it and testifying to it.

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Answered on 8/07/00, 12:39 pm


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