In what circumstances will a physician be ordered to give evidence in a medical malpractice action?

He distinguishes the Christensen v. Sinclair case, supra, saying it was an exceptional case because the defendant physician in that case was incapable of giving evidence, there was evidence to indicate there was no other expert available and the physician ordered to answer had previously agreed to be an expert witness and had previously given his opinion that the defendant physician was negligent. There is no evidence of any of these factors in this case. In Christensen v. Sinclair the court ordered a non-party who was a subsequently treating physician, to be discovered and to answer questions requiring his opinion on the medical services provided by the defendant physician, but limited his examination to previously formed opinions and knowledge of the plaintiff and provided that he would only be obliged to answer questions that he could answer without new research. The court also provided that the physician need not perform a literature review for his discovery. The questions ordered to be answered in that case include those directed to the possible negligence of the defendant physician, namely: the standard of care, a breach of that standard and resulting damages.