Court – United States District Court for the Eastern District of LouisianaJurisdiction – FederalCase Name – Thomas v. W&T Offshore, Inc.Citation – 2018 U.S. Dist. LEXIS 158918
In this case, the plaintiff tripped and fell after his boot got caught in a drainage hole on the Matterhorn Seastar, a tension leg platform attached to the subsoil and seabed of the Outer Continental Shelf. He sued W&T Offshore, Inc., the owner of the platform, alleging that he suffered injuries to his left knee and lumbar spine due to the fall. The defendant presented an orthopedic expert witness for the case. The plaintiff moved the motion to exclude the expert’s opinions.
The Function Of An MD Expert: How Far Is Too Far?
The orthopedic expert called the plaintiff’s substance use into question, claiming that the plaintiff had lied to multiple health care professionals and exhibited “drug-seeking behavior.” The plaintiff argued that these opinions were unsubstantiated as no source was submitted by the expert. The plaintiff also argued that because the expert specialized in orthopedics, he was not qualified to render opinions on chemical and substance abuse, the trustworthiness of witnesses, or his drug-seeking behavior. The plaintiff also argued that the probative value of such testimony was outweighed by the high risk of unfair prejudice, especially because the expert was a medical doctor.
The defendant countered by arguing that the plaintiff did not produce any evidence or any legal authority to support his claim about the expert’s qualifications to opine on the plaintiff’s drug seeking behavior.
The defendant argued that the primary function of a medical doctor is to compare the patient’s subjective complaints with the available objective evidence to determine whether or not the patient has sustained an injury, causation of that injury, and appropriate medical treatment if any. The defendant also contended that a doctor must figure out whether a patient honestly reports their symptoms. The defendant also argued that the orthopedic expert’s opinion about the patient’s truthfulness was supported by the fact that the plaintiff denied having a history of back pain, although he had received treatment for his back pain on multiple occasions. The defendant thence argued that the expert’s opinion was based on objective evidence and being a medical doctor, it fits within his expertise.
With respect to the orthopedic expert witness’ opinions regarding the plaintiff’s potential drug abuse, drug-seeking behavior, and untruthfulness, the defendant argued that such testimony was relevant to the plaintiff’s motive for bringing a lawsuit and any possible prejudice to the plaintiff was outweighed by the probative value of the orthopedic expert’s opinions.
Held
The court noted that it may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. The court thus ruled that the expert’s opinions regarding the plaintiff’s alleged abuse of drugs, drug-seeking behavior, and untruthfulness should be excluded under Federal Rule of Evidence 403. The court also concluded that there was no need to determine whether the expert was qualified to render such opinions. With respect to the expert’s improper references to the plaintiff’s personal life, the court refused to exclude this testimony as no evidence was produced by the plaintiff to support his claim that they were improper.
About the author
Wendy Ketner, M.D.
Dr. Wendy Ketner is a distinguished medical professional with a comprehensive background in surgery and medical research. Currently serving as the Senior Vice President of Medical Affairs at the Expert Institute, she plays a pivotal role in overseeing the organization's most important client relationships. Dr. Ketner's extensive surgical training was completed at Mount Sinai Beth Israel, where she gained hands-on experience in various general surgery procedures, including hernia repairs, cholecystectomies, appendectomies, mastectomies for breast cancer, breast reconstruction, surgical oncology, vascular surgery, and colorectal surgery. She also provided care in the surgical intensive care unit.
Her research interests have focused on post-mastectomy reconstruction and the surgical treatment of gastric cancer, including co-authoring a textbook chapter on the subject. Additionally, she has contributed to research on the percutaneous delivery of stem cells following myocardial infarction.
Dr. Ketner's educational background includes a Bachelor's degree from Yale University in Latin American Studies and a Doctor of Medicine (M.D.) from SUNY Downstate College of Medicine. Moreover, she is a member of the Board of Advisors for Opollo Technologies, a fintech healthcare AI company, contributing her medical expertise to enhance healthcare technology solutions. Her role at Expert Institute involves leveraging her medical knowledge to provide insights into legal cases, underscoring her unique blend of medical and legal acumen.
