It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, Methodist, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury lawsuit and its proceedings.)
When this case is presented at trial, Defendants will have prepared their defense in reliance on the representations of Dr. White, that he has expressed every opinion to which he might testify at the time of trial. As such, Defendants are acting in reliance of Dr. White's representations throughout his deposition. Defendants have relied on his testimony that on the date of, and prior to his deposition, he had not formed an opinion as to the causation of Plaintiff's injuries.
Further, he testified he could not form an opinion as he was not versed in chiropractic manipulations, thus expressing that he was not qualified to form an opinion as to causation. Lastly, Defendants relied on Dr. White testimony that not only did he not form an opinion as to causation, but that an opinion as to causation could not be established unless he internally inspected the meniscus within 48 hours. It would therefore be tremendously prejudicial, and would cause Defendants irreparable harm, if Dr. White was permitted to testify at trial to opinions not previously disclosed during their depositions. Moreover, to allow the same would run contrary to the Discovery Act in eliminating the element of surprise at the time of trial, especially in light of the fact that Defendants were not provided any notice to the contrary. Plaintiff failed to provide Defendants notice during Dr. White's deposition, or after, pursuant to Easterby.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.