Expert Designation Inadequate In Medical Malpractice Case.

This is what the Cailfornia Code of Civil Procedure §2034.210 designation stated:  “Plaintiff intends to call various treating health care providers as expert witnesses at trial,” which “are regarded as percipient witnesses not retained experts.”  It continued to explain that “because treating physicians and other healthcare providers are not retained expert witnesses . . ., no declaration is required for these witnesses.”  It added the treating physicians would also testify “about standard of care, causation, damages, and related subjects.”  The trial court precluded plaintiff’s expert from testifying about the standard of care and dismissed the action.  The Court of Appeal affirmed.  Dozier v. Shapiro   (Cal. App. Second Dist., Div. 1;  October 19, 2011) 199 Cal.App.4th 1509, [133 Cal.Rptr.3d 142].