Q: Does this expert opinion have any evidentiary value?

It is my opinion that Dr.D treated the patient within the standard of care at all times.Dr.properly and within the standard of care recommended and performed a series of injections in knee. Dr.D properly consented to the knee injections (but the informed consent form with the client's signature is not on the doctor's report) I also find that Dr performed each injection in accordance with the standard of care because the injections were documented as performed in proper sterile (what those sterile conditions should be the expert was not informed) and without complications.The fact that the patient developed an infection in her knee after the injection does not indicates that the injections were performed below the standard of care. Infection is a known risk and complication after any injection, including steroid injections in the knee, and the fact that the patient developed an infection in the right knee does not indicate that Dr performed the injection below the standard of care.

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: A California attorney could advise best, but your question remains open for two weeks. As a general impression, I do not see it as being strongly persuasive. It uses the terms that arise in malpractice defense, such as standard of care. But some might see it as coming across as boilerplate-like in nature, rather than something coming from a physician's thorough evaluation of a medical procedure. But different observers could see things differently. You could run it by other attorneys to explore their opinions. Good luck

Tim Akpinar

Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: Is the opinion admissible? With a proper foundation, yes.

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