Do Treating Doctors Have to be Listed as Experts in Las Vegas Personal Injury Cases?


A new case has come out of the Nevada Supreme Court on the scope of treating doctor’s testimony during trial. This new case is FCHI, LLC v. Rodriguez, 130 Nev. Adv. OP 46 (2014). In Rodriguez, Nevada Supreme Court determined that the trial court allowed improper testimony by Rodriguez's treating physicians, concerning the cause of Rodriguez's injuries.

One of Rodriguez's medical providers testified about causation, after reviewing his patient’s other medical records, which consisted of "thousands of pages of documents" from many different doctors. To the extent that this doctor reviewed these documents in the course of providing treatment to Rodriguez, the treating doctor could offer an opinion based on them. However, since the treating doctor only had 21 pages of records in his medical file, the treating doctor was prohibited from opining about these additional medical records.

The Nevada Supreme Court went on to say, that as to Rodriguez's other treating doctors, they could also not testify as to Rodriguez's "mechanism" of injury, nor whether another doctor's treatment of Rodriguez was "causally related" to his initial injury. This was because, they too, had not formed these opinions during their treatment of their patient.

This ruling from the high court was based upon the fact that Rodriguez did not provide a written expert witness report for any of these treating physicians. The Court noted, that [w]hile a treating physician is exempt from the report requirement, this exemption only extends to "opinions [that] were formed during the course of treatment." Goodman v. Staples the Office Superstore, L.L.C., 644 F.3d 817, 826 (9th Cir. 2011); see Rock Bay, L.L.C. v. Eighth Judicial Dist. Court, 129 Nev. , n.3, 298 P.3d 441, 445 n.3 (2013)

So, what does this mean in your personal injury case? Your personal injury attorney will make sure that any medical providers, who will be testifying as to causation, will have either done so in the their medical records or will be designated as expert witnesses, providing accompanying expert reports. This will ensure compliance with the laws in the State of Nevada.

Next time, we will discuss Offers of Judgment in Las Vegas car accident cases.

Komentar

Posting Komentar

Postingan populer dari blog ini

Marijuana Use And Florida Drivers

Gambar
The National Council on Alcoholism and Drug Dependence [1]   confirms that marijuana use leads to impaired drivers: “Since marijuana is the second most commonly used drug associated with drinking and drugged driving after alcohol, it is important to understand why it is particularly dangerous.   THC, the high producing element in marijuana, affects areas of the brain that control body movements, balance, coordination, memory, and judgment.  Evidence from both real and simulated driving studies indicate that marijuana negatively affects a driver’s attentiveness, perception of time and speed, and ability to draw on information obtained from past experiences. Research also shows that impairment increases significantly when marijuana use is combined with alcohol. Studies have found that many drivers test positive for alcohol and THC, making it clear that drinking and drugged driving are often linked behaviors.” All 50 states and the District of Columbia have laws ...
Baca selengkapnya

Drugs Causing Impaired Florida Drivers

Gambar
The National Council on Alcoholism and Drug Dependence [1] sets forth many disturbing facts regarding the use of alcohol and drugs by impaired drivers: ·           An estimated 32% of fatal car accidents involve an intoxicated driver or pedestrian. (NHTSA) ·           3,952 fatally injured drivers tested positive for drug involvement. (FARS) ·           Over 1.2 million drivers were arrested in 2011 for driving under the influence of alcohol or narcotics. (FBI) ·           Car accidents are the leading cause of death for teens, and about a quarter of those accidents involve an underage drinking driver. (SAMHSA) ·                On average, two in three people will be involved in a drunk driving accident in their lifetime. (NHTSA) Th...
Baca selengkapnya

Drugs Causing Impaired Florida Drivers

Gambar
The National Council on Alcoholism and Drug Dependence [1] sets forth many disturbing facts regarding the use of alcohol and drugs by impaired drivers: - An estimated 32% of fatal car accidents involve an intoxicated driver or pedestrian. (NHTSA) - 3,952 fatally injured drivers tested positive for drug involvement. (FARS) - Over 1.2 million drivers were arrested in 2011 for driving under the influence of alcohol or narcotics. (FBI) - Car accidents are the leading cause of death for teens, and about a quarter of those accidents involve an underage drinking driver. (SAMHSA) - On average, two in three people will be involved in a drunk driving accident in their lifetime. (NHTSA)   The 2013-2014 National Roadside Survey of Alcohol and Drug Use [2] by Drivers published by the U.S. Department of Transportation National Highway Traffic Safety Administration, speaks to the use of illegal and prescription drugs and impaired driving: “ In this study, for marijuana, we tested only ...
Baca selengkapnya