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Keywords

plaintiffdefendantlitigationtrialtestimonymotion
plaintiffdefendantlitigationtrialtestimonymotion

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Guiot, Matter of

Facts

The plaintiff listed seven treating physicians in their Final Trial Witness List, indicating that these physicians would testify on matters such as causation and future medical bills without providing specific details. Just days before the trial, the plaintiff's counsel informed the defense that two specific doctors would testify on these matters, but neither had generated a report nor had been deposed by the defense, leading to the defendant's motion to strike their testimony.

The plaintiff listed seven treating physicians in their Final Trial Witness List, indicating that these physicians would testify on matters such as causation and future medical bills without providing specific details. Just days before the trial, the plaintiff's counsel informed the defense that two specific doctors would testify on these matters, but neither had generated a report nor had been deposed by the defense, leading to the defendant's motion to strike their testimony.

Issue

Whether the treating physicians should be allowed to testify about opinions not contained in their medical records, specifically regarding causation and future medical expenses, given that these opinions were not disclosed prior to trial.

Whether the treating physicians should be allowed to testify about opinions not contained in their medical records, specifically regarding causation and future medical expenses, given that these opinions were not disclosed prior to trial.

Rule

The court referenced Binger v. King Pest Control, Inc., which establishes that treating physicians are limited to their medical opinions as they existed during treatment, and any additional opinions formed for litigation should be treated as expert testimony, requiring proper disclosure.

The court referenced Binger v. King Pest Control, Inc., which establishes that treating physicians are limited to their medical opinions as they existed during treatment, and any additional opinions formed for litigation should be treated as expert testimony, requiring proper disclosure.

Analysis

The court applied the rule by determining that the treating physicians could only testify to opinions documented in their medical records. Any new opinions developed for litigation would be excluded to prevent surprise to the defendant, as the defense had not been given adequate notice of these opinions prior to trial.

The court applied the rule by determining that the treating physicians could only testify to opinions documented in their medical records. Any new opinions developed for litigation would be excluded to prevent surprise to the defendant, as the defense had not been given adequate notice of these opinions prior to trial.

Conclusion

The court granted the defendant's motion in part, allowing the treating physicians to testify only to their opinions contained in their medical records, while excluding any new opinions developed for litigation.

The court granted the defendant's motion in part, allowing the treating physicians to testify only to their opinions contained in their medical records, while excluding any new opinions developed for litigation.

Who won?

The defendant prevailed in part, as the court limited the testimony of the plaintiff's treating physicians to their medical records, thereby preventing surprise testimony that had not been disclosed.

The defendant prevailed in part, as the court limited the testimony of the plaintiff's treating physicians to their medical records, thereby preventing surprise testimony that had not been disclosed.

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