Legal Question in Medical Malpractice in California

Physician made misleading deposition

In the early stages of my divorce, my wife's physician made a declaration whereby my wife was unable to work full time, yet could care for our children. The court gave primary custody of the children to my wife.

I have hired an independent physician who is quite certain that my wife's physician was wrong.

I have incurred significant legal costs as a consequence of the doctor's declaration.

I would like to recover the costs by suing the doctor. What are my chances?


Asked on 7/22/07, 12:37 am

4 Answers from Attorneys

John Bisnar Bisnar & Chase, LLP

Re: Physician made misleading deposition

Your chances are near zero. The economics of such a pursuit to not make economic sense unless hundreds of thousands of dollars are involved.

The doctor has no duty to you. Therefore he breached no duty.

Physicians disagree on nearly every case that goes to court. There are experts an each side of cases testifying to opposite opinions and conclusions every day. It is rare to have a physician actually willing to testify that another doctor is wrong. Usually the best you can get is a physician to testify to a different opinion.

The court sided with your wife's physician and against your position. Your time to do something about it was when the court heard the evidence. Her evidence apparently was more compelling then yours. Your best bet may be bring an OSC motion in six months alleging changed conditions, that she is now capable of working.

Why are you asking this question here? Your attorney in the divorce matter is the one to be consulting. No attorney here is going to know the facts and issues better than the attorney who is representing you.

Keep in mind that every attorney you consult will have a different opinion, a different approach and a different criteria for the causes they pursue. Much like physicians.

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Answered on 7/22/07, 11:26 am
Joel Selik www.SelikLaw.com

Re: Physician made misleading deposition

at or near zero

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Answered on 7/22/07, 1:02 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Physician made misleading deposition

None.

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Answered on 7/22/07, 5:16 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Physician made misleading deposition

You will probably lose and be required to pay attorney's fees. Like lawyers, doctors hired by a party to a lawsuit always disagree with those hired by the opposing party.

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Answered on 7/22/07, 1:24 am


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