In June, a state appellate court issued a written opinion in an Indiana car accident case discussing whether an expert witness’s disciplinary history is admissible in a personal injury trial. Ultimately, the court concluded that such an account is admissible, but that in this case, specific evidentiary rules prevented the admission of the reasons for the disciplinary action.
According to the court’s opinion, the plaintiff was sitting in her vehicle at a stop sign when the defendant rear-ended her. The plaintiff went to the hospital, and was released that evening with a neck brace and a prescription for pain medication. Later, the plaintiff filed a personal injury lawsuit against the defendant.
In support of her case, the plaintiff planned on presenting evidence from a treating physician who was going to be a medical expert at trial. The defendant asked the expert whether he was ever subject to any disciplinary proceedings, to which the expert responded affirmatively. However, the expert would not get into any details. Before trial, the defendant asked the court to compel the expert to disclose the reasons for the disciplinary action taken against him. The court denied the defendant’s request, holding that the fact that the expert was subject to prior disciplinary proceedings was not relevant because, at the time of trial, the expert’s medical license was valid. The jury ultimately returned a verdict in favor of the plaintiff, and the defendant appealed.