Can a surgeon prevent a plaintiff from testifying at trial in a medical malpractice case?
California, United States of America
The following excerpt is from Belfiore-Braman v. Rotenberg, 235 Cal.Rptr.3d 629, 25 Cal.App.5th 234 (Cal. App. 2018):
him from testifying at trial, in part because he did not perform such surgery and had not reviewed the operative notes. Defendant also argued his opinions only established possibilities about the cause of injury, rather than probable causes. ( Jones v. Ortho Pharmaceutical Corp. (1985) 163 Cal.App.3d 396, 402, 209 Cal.Rptr. 456 ["Mere possibility alone is insufficient to establish a prima facie case."].)
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