"Do treating physicians have to issue expert reports?" — A free article from Clifford Law Offices of Chicago

The Chicago personal injury law office, Clifford Law Offices, announced that it has posted a legal article on their website (http://www.cliffordlaw.com) in an effort to educate the public about legal matters such as those pertaining to expert testimony issues.

Recent changes in the Federal Rules of Civil Procedure focus on ambiguity surrounding the disclosure of witnesses giving expert testimony. Prior to December 1, 2010, only those experts who are "retained or specially employed to provide expert testimony in the case," or "whose duties as the party's employee regularly involve giving of expert testimony" had to provide a written report outlining the witnesses' opinions, the bases and reasons for those opinions, the data and other information considered by the witness in forming those opinions, exhibits that will be used to summarize or support those opinions, etc. Other experts (usually treating doctors and other medical personnel) are typically exempted from Rule 26(a)(2)'s formal written report requirements. That is unless they turn out to be retained after all. The issue that was recently before the Seventh Circuit in Meyers v. National Railroad Passenger Corp., 619 F.3d 729 (7th Cir.2010), was where to draw that line.

Colin H. Dunn, an associate attorney at the nationally renowned Chicago-based personal injury firm, Clifford Law Offices, P.C., wrote an article about the change to FRCP 26(a)(2) in a piece originally published in the Chicago Daily Law Bulletin entitled, "Do treating physicians have to issue expert reports?" The article looks at the rule 26(a)(2) prior to the 12/1/2010 change, from the perspective of the 7th Circuit in the Meyers case and in its amended state and questions the extent of its impact.

"There has been a very positive response to these articles, and we will offer more soon," says Robert A. Clifford, Founder.

ABOUT CLIFFORD LAW
Clifford Law Offices is a personal injury law firm which concentrates in complex personal injury litigation such as for wrongful death, medical malpractice, product liability, premises negligence and transportation liability, including car-truck collisions, train accidents and aviation litigation.