Lum Way v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• precluding a treating physician from testifying about a party's PTSD diagnosis, opinions about the causes for a party's symptoms, or a party's prognosis
• treating physician not disclosed as an expert may testify “within the province of a lay witness, to the treatment of the patient”
• treating physician testifying merely as lay witness “cannot express [an] opinion as to matters which are beyond the realm of common experience and which require [the] special skill and knowledge of an expert witness.”
• “Under the amended rule 701, ‘a treating physician who has not been identified as an expert witness pursuant to Rule 26(a)(2
• “A treating physician testifying as a lay witness cannot testify to any opinions regarding causation . . . because opinions regarding causation of a medical condition require knowledge derived from previous professional experience.”

Source: CourtListener parenthetical corpus (CC0).