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· 3/13/2017

Zartner v. City & County of Denver

Citations

  • 242 F. Supp. 3d 1168
  • 2017 WL 977814
  • 2017 U.S. Dist. LEXIS 36315

How courts have described this case

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

  • holding that as fact witnesses, treating doctors in medical malpractice cases may testify in opinion form about their diagnoses and treatment of patients' disorders, including their determinations of disorders’ causes
  • holding that videotaped depositions of the plaintiff's treating physicians were admissible because the plaintiffs had consulted the doctors for treatment, not in anticipation of litigation or in preparation of trial
  • holding \the characterization of [such] testimony as 'fact' or 'opinion' creates an artificial distinction\
  • \[T]he probative value of the treating doctors' testimony outweighs its prejudicial effect under N.J.R.E. 403\ because of their first hand proximity to the patient's condition.
  • A treating physician may testify about the cause of a patient's disease or injury and that testimony, while factual, may be in the form of opinion
  • \We would ill-serve the cause of truth and justice if we were to exclude relevant and credible evidence only because it might help one side and adversely affect the other.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Brimmer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.