Treating Physician

A treating physician is a doctor who cares for a patient for medical reasons, as opposed to an expert hired for a lawsuit. In asbestos cases, oncologists, pulmonologists and surgeons who treated the patient can testify about the diagnosis, treatment and prognosis, and courts often give their views special weight.

Origin

Courts have long distinguished witnesses who learn facts through their ordinary work from experts retained to form opinions for litigation. Since 2010, the federal civil rules have required a summary disclosure, rather than a full expert report, for non-retained experts such as treating doctors who give opinions; states have their own rules.

Significance in Asbestos Context

Juries often trust a treating doctor because the doctor did not take the case to testify. A treating physician's records and testimony can establish the diagnosis, the course of the disease, pain and suffering and life expectancy, all of which bear on damages. Treating doctors may be less willing to address causation, such as which products caused the disease, which is usually left to retained experts in pathology, pulmonology or industrial hygiene. Some states limit what a treating doctor may say beyond the treatment itself, or what defense lawyers may discuss with the doctor privately. Busy physicians may testify by video deposition. Trusts generally rely on medical records from treating doctors rather than testimony.

Example Sentence

Her treating oncologist testified by video that the biopsy confirmed epithelioid mesothelioma and described the chemotherapy she had endured.

Related Terms

Expert Witness, Fact Witness, Deposition, Pathology Report, Mesothelioma Specialist, Life Expectancy

Notes

• Tell your doctors early if you are pursuing a claim; they may be asked for records or a short deposition.
• Share your full work and exposure history with your doctors so it appears in your medical record.
• Keep a list of every doctor and hospital that has treated you, with dates.