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Get an overseeing expert who can opine to everything the treating drs did. Then spin it to be - instead of hauling 7 ppl in and waste your time honored jury panel, I brought you 1 who can talk about everything efficiently AND treating drs need to do what they do, which is treat, not testify. Just spitballing before my coffee kicks in.
in NJ that’s basically exclusively how it’s done. 1 expert report by your expert who will testify. rarely need to subpoena a treating doc. never realized how streamlined that was
Can’t you just subpoena them? Not ideal but they don’t really have a say in the matter.
Pro
Yeah I can. My worry is that they won’t give good testimony since they refused to help me and are going to be pissed that I subpoenaed them. But it may be better than the alternative of not using any treating physicians.
I don't think it would be allowed as any sort of relevance to the case. Im not sure how you'd fit that in. I think it would affirmatively plant in a jury's mind that the Dr isn't there because he doesn't think it's a case, no matter how you try to portray it
If they're not willing to give in-court testimony, you can offer to depose them instead. That way they aren't losing surgery or clinic times, and you get what you need. You can also have them complete medical narratives to be submitted as well. They get paid to do these things and can do either in their own time. See if these offices have a dedicated medical legal staffer that can help you.
Pro
We generally only do trial depos vs live testimony but often they will refuse, and will sometimes refuse to write a narrative report, but will fill out a yes/no form saying they accident proximately caused the injuries, but I want their testimony. I’ll probably subpoena them for a depo.
Attorney 1 not sure if this is a CA case but unless you get the doctors depositions the experts cant testify to the contents of the medical records (people v sanchez) also even if the doctors wont testify in depo or trial any defense attorney their salt will subpoena any and all treating doctors for deposition. Either way you will get testimony.
Pro
I’m in Ohio and oddly enough often the treating medical providers sometimes aren’t deposed and do not testify at trial. Each side may only have one expert who did an IME but neither doc ever treated the patient.