Plunkett v. Spaulding

Opinion

SCOTLAND, J.

This appeal poses the question whether a party who intends to call a treating physician to testify at trial not only as to the physician’s treatment of a patient, but also to give an expert opinion on the standard of care that another physician should have employed when treating the patient, must provide an expert witness declaration during discovery. (Code Civ. Proc., § 2034, subds. (a)(2) & (f)(2); further section references are to the Code of Civil Procedure unless otherwise specified.)

Donna M. Plunkett (plaintiff) designated two of her treating physicians as persons…