Treating Physician Does Not Need to be Subject of Expert Disclosure

In a medical malpractice/wrongful death case, Michael P. Ringwood, Esq., successfully overturned a jury verdict after the trial court judge precluded the treating physician's testimony as to the cause of the infant's death. The Fourth Department held that even though the defense did not identify the defendant treating physician as an expert or disclose the subject on which the treating physician was expected to testify, the witness was a treating physician rather than an expert witness retained to give opinion testimony. The rule requiring notice of expert testimony therefore, was inapplicable and did not bar the defendant treating physician's testimony. Stark v. Semeran, 244 A.D.2d 894 (4th Dept., 1997).Back