Expert’s death doesn’t allow for new expert

By Patricia Manson Law Bulletin staff writer

Posted April 8, 2016 3:02 PM

The death of an expert witness whose report and deposition testimony rested on uncertain ground does not entitle his clients to a do-over with a new expert, a federal judge held Thursday.In a written opinion, U.S. District Judge Joan B. Gottschall denied a defense motion to reopen expert discovery in a lawsuit accusing Wexford Health Sources Inc. and two physicians of providing substandard care to inmate Donald Lee McDonald.Gottschall conceded courts sometimes allow a substitute expert to submit a new report after the …

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