{"id":3804,"date":"2017-11-20T10:00:19","date_gmt":"2017-11-20T16:00:19","guid":{"rendered":"https:\/\/www.robertkreisman.com\/medical-malpractice-lawyer\/?p=3804"},"modified":"2017-11-20T06:43:43","modified_gmt":"2017-11-20T12:43:43","slug":"federal-district-court-rules-injured-plaintiffs-treating-physician-not-retained-expert-not-comply-rule-26a2","status":"publish","type":"post","link":"https:\/\/www.robertkreisman.com\/medical-malpractice-lawyer\/federal-district-court-rules-injured-plaintiffs-treating-physician-not-retained-expert-not-comply-rule-26a2\/","title":{"rendered":"Federal District Court Rules that Injured Plaintiffs Treating Physician Was Not a Retained Expert and Did Not Have to Comply With Rule 26(a)(2)"},"content":{"rendered":"<p>During the discovery process in the case of Toni M. Morrison\u2019s personal-injury lawsuit against <a href=\"https:\/\/www.walmart.com\/\">Walmart<\/a>, the company argued that she had to provide a written report from her treating physician, Dr. Daniel Mulconrey, under <a href=\"http:\/\/www.uscourts.gov\/sites\/default\/files\/rules-of-civil-procedure.pdf\">Federal Rule of Civil Procedure 26(a)(2)(B)<\/a>. The court stated that the report was required because Morrison intended to ask the doctor for expert testimony about three operations performed by other doctors, in addition to testifying about the medical treatment that he did provide. <\/p>\n<p>Walmart\u2019s motion to compel relied on the case of Meyers v. National Railroad Passenger Corp., 619 F.3d 729 (7th Cir. 2010), which held that \u201ca treating physician who has offered to provide expert testimony as to the cause of the plaintiff\u2019s injury, but who did not make that determination in the course of providing treatment, should be deemed to be one \u2018retained or especially employed to provide expert testimony in the case,\u2019 and thus is required to submit an expert report in accordance with Rule 26(a)(2).\u201d<\/p>\n<p>The magistrate judge in the federal court in the Central District of Illinois, Magistrate Judge Jonathan E. Hawley, explained that under \u201cthe plain language\u201d of Rule 26(a)(2) \u2013 as amended a few months after the 7th Circuit decided Meyers \u2013 \u201cDr. Mulconrey is not a retained expert and does not have to comply with the reporting requirements of [S]ubsection (a)(2)(B).\u201d<br \/>\n <a href=\"https:\/\/www.robertkreisman.com\/medical-malpractice-lawyer\/federal-district-court-rules-injured-plaintiffs-treating-physician-not-retained-expert-not-comply-rule-26a2\/#more-3804\" class=\"more-link\">Continue reading<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>During the discovery process in the case of Toni M. Morrison\u2019s personal-injury lawsuit against Walmart, the company argued that she had to provide a written report from her treating physician, Dr. Daniel Mulconrey, under Federal Rule of Civil Procedure 26(a)(2)(B). The court stated that the report was required because Morrison intended to ask the doctor [&hellip;]<\/p>\n","protected":false},"author":795,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"enabled":false},"version":2}},"categories":[24,36,27],"tags":[],"class_list":["post-3804","post","type-post","status-publish","format-standard","hentry","category-experts","category-federal-civil-procedure","category-medical-malpractice"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Federal District Court Rules that Injured Plaintiffs Treating Physician Was Not a Retained Expert and Did Not Have to Comply With Rule 26(a)(2) &#8212; Chicago Medical Malpractice Attorney Blog<\/title>\n<meta name=\"description\" content=\"During the discovery process in the case of Toni M. Morrison\u2019s personal-injury lawsuit against Walmart, the company argued that she had to provide a\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.robertkreisman.com\/medical-malpractice-lawyer\/federal-district-court-rules-injured-plaintiffs-treating-physician-not-retained-expert-not-comply-rule-26a2\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Federal District Court Rules that Injured Plaintiffs Treating Physician Was Not a Retained Expert and Did Not Have to Comply With Rule 26(a)(2) &#8212; Chicago Medical Malpractice Attorney Blog\" \/>\n<meta name=\"twitter:description\" content=\"During the discovery process in the case of Toni M. 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Morrison\u2019s personal-injury lawsuit against Walmart, the company argued that she had to provide a","twitter_misc":{"Written by":"Robert Kreisman","Est. reading time":"3 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.robertkreisman.com\/medical-malpractice-lawyer\/federal-district-court-rules-injured-plaintiffs-treating-physician-not-retained-expert-not-comply-rule-26a2\/#article","isPartOf":{"@id":"https:\/\/www.robertkreisman.com\/medical-malpractice-lawyer\/federal-district-court-rules-injured-plaintiffs-treating-physician-not-retained-expert-not-comply-rule-26a2\/"},"author":{"name":"Robert Kreisman","@id":"https:\/\/www.robertkreisman.com\/medical-malpractice-lawyer\/#\/schema\/person\/5b2d28415814d7b490e5cf83de4d29f9"},"headline":"Federal District Court Rules that Injured Plaintiffs Treating Physician Was Not a Retained Expert and Did Not Have to Comply With Rule 26(a)(2)","datePublished":"2017-11-20T16:00:19+00:00","mainEntityOfPage":{"@id":"https:\/\/www.robertkreisman.com\/medical-malpractice-lawyer\/federal-district-court-rules-injured-plaintiffs-treating-physician-not-retained-expert-not-comply-rule-26a2\/"},"wordCount":547,"articleSection":["Experts","Federal Civil Procedure","Medical Malpractice"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/www.robertkreisman.com\/medical-malpractice-lawyer\/federal-district-court-rules-injured-plaintiffs-treating-physician-not-retained-expert-not-comply-rule-26a2\/","url":"https:\/\/www.robertkreisman.com\/medical-malpractice-lawyer\/federal-district-court-rules-injured-plaintiffs-treating-physician-not-retained-expert-not-comply-rule-26a2\/","name":"Federal District Court Rules that Injured Plaintiffs Treating Physician Was Not a Retained Expert and Did Not Have to Comply With Rule 26(a)(2) &#8212; Chicago Medical Malpractice Attorney Blog","isPartOf":{"@id":"https:\/\/www.robertkreisman.com\/medical-malpractice-lawyer\/#website"},"datePublished":"2017-11-20T16:00:19+00:00","author":{"@id":"https:\/\/www.robertkreisman.com\/medical-malpractice-lawyer\/#\/schema\/person\/5b2d28415814d7b490e5cf83de4d29f9"},"description":"During the discovery process in the case of Toni M. 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