The U.S. Court of Appeals for the Eighth Circuit recently clarified the circumstances in which a treating physician who is offered to provide expert testimony as to the cause of a plaintiff’s injury must submit an expert report in accordance with Federal Rule of Civil Procedure 26(a)(2).
The case, Johnson v. Friesen, No. 22-3335, 2023 WL 5317123 (8th Cir. Aug. 18, 2023), arose from a 2015 car accident. The plaintiff, J.T. Johnson, brought a diversity action in the District of Nebraska, seeking to recover damages for multiple medical conditions, including post-traumatic stress disorder, multiple sclerosis, neck pain and chronic lower back pain that requires a pain stimulator. The defendant driver admitted that her negligence was the proximate cause of the accident.
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