In its January/February 2008 journal, the Utah State Bar published an interesting article on the ability of treating physicians to offer "expert testimony" in litigation. The article addressed a recent Utah Supreme Court decision, Carbaugh v. Asbestos Corporation Ltd., 2007 UT 65, 167 P.3d 1063. In that case, the state high court recognized grounds by which treating physicians can offer expert testimony.
This follows on the heels of another case, Pete v. Youngblood, 2006 UT App 303, 141 P.3d 629, wherein the Utah Court of Appeals held that treating physicians could testify about medical issues without being required to prepare formal expert witness reports.
These are important holdings, because in Utah, plaintiffs in medical malpractice cases must produce expert testimony in order to meet their burdens of proof. See Nixdorf v. Hicken, 612 P.2d 348 (Utah 1980). Often, treating physicians are able to offer qualified, objective testimony, about the medical issues underlying a case.
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