Pennsylvania Court Affirms that Experts and Treating Physicians Must Be in Same Specialty

The Superior Court of Pennsylvania reiterated, retained experts opining on the standard of care must be experts in the same practice area as the named defendants. Additionally, the court agreed that only one expert can testify on causation and that allowing multiple would be cumulative if their reports are duplicative in addressing the defendant’s alleged failures when treating the patient. 

Lastly, the court affirmed that the patient’s treating physicians’ testimony was properly excluded. While the opinions the physicians reach when treating patients are not expert testimony, because they are not prepared in anticipation of litigation, the physicians in this case only formed their opinion in preparation of litigation and, therefore, could not testify because the plaintiff did not identify them as experts prior to trial. 

As such, the Superior Court of Pennsylvania found the trial court properly ruled to exclude the plaintiff’s proposed expert testimony. 

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