Treating Physician's Testimony Going to the Standard of Care in Indiana Medical Malpractice Case is Treated as Expert Testimony
In a recent medical malpractice case, the Indiana Court of Appeals affirmed a $800,000 judgment against a doctor after a family had brought a claim relating to the stillbirth of their daughter.
On appeal, the doctor argued that the trial court "improperly excluded opinion testimony" from two of the patient's treating physicians, who were giving favorable testimony to the doctor that went to the standard of care. At trial, two treating physicians' testimony were objected to, as they had not been disclosed as experts under Indiana Evidence Rule 702. On appeal, Defendant doctor's counsel unsuccessfully argued that the treating physicians' testimony relating to the standard of care were based on personal perceptions under Indiana Evidence Rule 701. However, the Indiana Court of Appeals held that "knowledge of the standard of care was not based on physician's perception, rather, it was based on the physician's expert knoweledge." Consequently, the Indiana Court of Appeals held that it was not an abuse of discretion for the trial court to exclude the treating physicians' testimony as to whether the defendant deviated from the standard of care as an undisclosed expert opinion.
See Cain v. Back, 889 N.E.2d 1253 (Ind. Ct. App. 2008).
