An Allegheny County trial judge has clarified his own 2009 decision on what is permissible in medical malpractice discovery, holding that it did not bar plaintiffs lawyers from utilizing materials like patient’s slides and X-rays to jog a defendant doctor’s memory regarding treatment, but it did place restrictions on questioning a treating doctor about the standard of care.
In a July 5 opinion in Lattaker v. Magee Women’s Hospital of UPMC, a medical malpractice suit over a doctor’s alleged failure to timely perform a cesarean section, Allegheny County Common Pleas Judge R. Stanton Wettick Jr. granted the plaintiffs’ motion to reconvene a deposition of the treating doctor. During the original deposition, according to Wettick, defense counsel objected to the plaintiffs counsel’s attempt to have the doctor look at the fetal monitoring strip again and explain what he initially observed that made him decide to perform a forceps delivery.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
