The U.S. Court of Appeals for the Eighth Circuit has provided clarification on the conditions necessary for a treating physician to provide expert testimony regarding the cause of a plaintiff’s injury. The court stated that such a physician must submit an expert report in line with Federal Rule of Civil Procedure 26(a)(2).
The elucidation was given in the context of the case, Johnson v. Friesen, which originated from a car accident in 2015. The plaintiff, J.T. Johnson, pursued a diversity action in the District of Nebraska. He sought to claim damages for multiple medical conditions. These ranged from post-traumatic stress disorder and multiple sclerosis to neck pain and chronic lower back pain that necessitated a pain stimulator. The defendant driver admitted her negligence was directly responsible for the accident.
Such legal developments are indispensable for lawyers tasked with personal injury cases or those dealing with medical malpractice claims. Understanding when and how a doctor’s opinion can be utilized as expert testimony can significantly influence the success of a case.