· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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