A man and a woman were in a two-car traffic accident. Immediately after the accident, the man was treated by a physician at a ne
arby hospital's emergency room. The man later filed a negligence action against the woman in federal district court, seeking compensatory damages. The woman now seeks discovery regarding the emergency room physician's observations, opinions, and treatment of the man.Is the woman entitled to discovery regarding that information?A No, because such discovery is not relevant to the claim or defense of a party.B No, because the woman is not entitled to obtain discovery from persons who are not parties to the action.C Yes as to the physician's observation and treatment, but the physician's opinions are discoverable only if the man intends to call the physician as an expert witness at trial.D Yes, because the physician observed and treated the man and developed opinions about the man's injuries for purposes other than litigation or trial.
D Yes, because the physician observed and treated the man and developed opinions about the man's injuries for purposes other than litigation or trial.
Explanation:
Accidents usually occur due to recklessness of one or both parties. This causes the person who caused the accident to bear the repairs. However, when there is no consensus between the parties, this must be decided by the court.
In the case narrated, the doctor who attended the man is able to give a technical opinion on the causes of the injuries. This is relevant as it generates insights into the occurrence of the accident. The woman is one of the stakeholders, and in order for her broad right of defense to be respected, she may have access to the doctor's testimony or even request it in her defense.
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