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2003 SESSION

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HB 1982 Testimony by treating physicians; consent of patient required.

Introduced by: Clifford L. Athey, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Testimony by treating physicians; consent of patient required. Prevents a plaintiff's treating physician from offering any testimony as to the standard of care, breach of standard, or causation without the patient's consent. The bill also prevents testimony by any other members of that treating physician's practice without the patient's consent, regardless of whether the individual treated plaintiff. Under current law, there are no explicit obstacles to such testimony but because of the patient-physician privilege, circuit courts are split on whether testimony without plaintiff's consent (potentially adverse to plaintiff) is admissible.


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