Sole medical malpractice 448
April 5th, 2012 
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Dozier v Shapiro 199 Cal.App.4th 1509 (2/1) (2011) Dr Zeegan called as sole medical malpractice standard of care expert. Motion to exclude his testimony granted and case dismissed, affirmed. San-Diego-Auto-Accident-lawyer.com After Zeegan’s depo, Dozier’s expert designation listed Zeegan and others as non-retained, treating percipient witness, including on “standard of care, causation [etc.]” Then Dozier provided Zeegan additional information to form opinion on Defendant’s malpractice. Dozier did not inform Defendant of changed status. [1] By failing to disclose substance of Zeegan’s opinion, and that opinion based on post-depo information, Dozier filed to comply with CCP § 2034.260. [2] Zeegan is qualified to testify about injuries and medical history based on expertise as a physician and physician-patient relationship. But retained expert relies at least in part on additional information and offers opinion for purposes of litigation, not for treatment. [3] Failure to disclose changed status, even with several opportunities to do so, was unreasonable. San Diego personal injury attorney