Defendant’s Motion to Strike Plaintiff’s Expert Witness, Jeffrey M. Silverman, M.D., filed on 4/26/19, is DENIED.
Plaintiffs properly added a supplemental expert since they did not designate a radiologist in their initial designation. Defendant initially designated a radiologist (along with other experts). Dec. of Jennifer Lowis, Ex A, Opposition, Ex. A.
The parties are permitted to supplement their designation to name an expert not previously retained who will express an opinion on a subject to be covered by an adverse party to the exchange. Cal. Code Civil Procedure § 2034.280
Defendant contends that Plaintiffs should have anticipated that a radiologist was necessary given this is a medical malpractice case involving fractured pedicles, which were diagnosed upon review of an MRI. Defendant’s case citation is distinguishable.
In Fairfax v. Lords (2006) 138 Cal.App.4th 1019, the defendant’s initial designation did not identify any retained witness. Defendant's counsel expressly dec
Hearing Date
June 03, 2019
Type
Medical Malpractice - Physicians & Surgeons (General Jurisdiction)
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Defendant’s Motion to Strike Plaintiff’s Expert Witness, Jeffrey M. Silverman, M.D., filed on 4/26/19, is DENIED.
Plaintiffs properly added a supplemental expert since they did not designate a radiologist in their initial designation. Defendant initially designated a radiologist (along with other experts). Dec. of Jennifer Lowis, Ex A, Opposition, Ex. A.
The parties are permitted to supplement their designation to name an expert not previously retained who will express an opinion on a subject to be covered by an adverse party to the exchange. Cal. Code Civil Procedure § 2034.280
Defendant contends that Plaintiffs should have anticipated that a radiologist was necessary given this is a medical malpractice case involving fractured pedicles, which were diagnosed upon review of an MRI. Defendant’s case citation is distinguishable.
In Fairfax v. Lords (2006) 138 Cal.App.4th 1019, the defendant’s initial designation did not identify any retained witness. Defendant's counsel expressly dec