Legal Question in Personal Injury in California
I have a trial coming up, I'm the plaintiff, and was wondering if I can use my treating physician as my actual expert witness or do I have to find another expert who hasn't treated me? I'm not sure if my treating physician can also be used as an expert witness or if he's considered a non-expert witness. Thank you.
3 Answers from Attorneys
You can use your treating doctor as your expert witness. You may have had to designate him as an expert, retained or non-retained. Make sure he is willing to testify and prepare him for his testimony.
I have no idea what your case is about, so it really depends. If you are suing your physician, he may not give you the answers you want. An expert is needed to testify to the proper standard of care. Your doctor would obviously say that he met that standard and therefore he did nothing wrong. You should have an attorney.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
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Treating physicians can be used as expert witnesses. That does not mean they will have all the expertise you need, though. To take an example, the orthopedic surgeon who operates on your broken hip can testify as an expert about your injury and about your surgery, but he may not be qualified to testify as an expert about what sort of physical therapy you will need or how much pain you will endure, and he almost certainly won't be able to testify as an expert about how much income you will lose.