Appellate court affirms admissibility of causation testimony from treating physician without prerequisite expert report.

The appellate court rejected the defendant's appeal where he claimed that the plaintiff's treating neurosurgeon, Dr. Steinberger, was improperly permitted to testify that the plaintiff's decompression surgery was necessary only because "something" happened during the prior fusion surgery performed by defendant, Dr. Kaul, which caused foot drop, leg pain and leg weakness. The panel agreed with the trial court that Dr. Steinberger was called as a fact witness, not an expert witness, and, therefore, did not need an expert report outlining his opinions on causation. Specifically, Rules 4:10-2(d)(1) and/or 4:17-4(e) which require that the plaintiff provide an expert report with a complete statement of his opinions and the bases did not apply since, as a treating doctor, Dr. Steinberger may testify as to his diagnosis and treatment, as well as his opinion as to causation. 

Additionally, there is no private cause of action for a patient whose physician has failed to maintain medical malpractice insurance in the amount of $1M per occurrence and $3M per policy, or a letter of credit for at least $500K. However, the physician's failure is a violation of N.J.S.A. 45:9-19.17(a) and subjects the physician to disciplinary action and civil penalties imposed by the Board.

Case Law Alerts - 2nd Quarter 2013