Legal Question in Personal Injury in California

judge decision

can a judge stop my doctor from testifying because he didn't treat me but diagnosed me with rsd


Asked on 6/04/06, 10:36 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: judge decision

A doctor who diagnosed you but didn't treat you may testify about his diagnosis and perhaps offer some information about your condition, but only if your lawyer (or you if you are in pro per) follow the correct procedures beforehand.

The doctor won't be allowed to testify about your treatment because he is not the one who treated you.

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Answered on 6/06/06, 4:36 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: judge decision

A judge can do whatever he wants. Whether its legal and proper is another story. That is why we have an appeals Court and a Supreme Court. There are volumes of cases that have been reversed by the appeals Court.

Now to answer you question: If the doctor is brought in as an Expert, he can testify as to diagnosis, and what evidence lead him to his ultimate conclusion, which could include but not be limited to your treatment.

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Answered on 6/06/06, 11:30 pm


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