Treating Physician May Not Be Called As Expert Witness Unless Properly Designated As Such
Kalaba v. Gray, 95 Cal. App. 4th 1416 (2002)
In this medical malpractice case, plaintiff failed to designate by name and address any of her past or present treating physicians. When the trial commenced, plaintiff identified several of her treating physicians whom she intended to call as expert witnesses. The trial court sustained defendant's objection to plaintiff's calling any of the treating physicians who were not designated by name and address in the expert-witness designation and granted defendant's motion for nonsuit. The Court of Appeal affirmed the judgment in defendant's favor, holding that although no expert declaration is required when a party intends to call a treating physician as an expert, it is necessary to identify such treating physicians by name and address in the designation of expert witnesses.
