Sanchez

Plaintiffs prevailing in a medical malpractice action were awarded the fees of their medical experts as an item of costs. Because, in a medical malpractice action, fees of medical expert witnesses not ordered by the court are not statutorily authorized as an item of costs, the trial court had no authority to award those fees as costs. We modify the cost award and otherwise affirm the order.

Facts and Procedural Background

Plaintiffs and respondents Beverly Sanchez, Roxane Sanchez-Dundon, and Edward Sanchez (collectively Sanchez), the widow and children of decedent Edwin Sanchez, sued defendants and appellants Bay Shores Medical Group and Steven A. Maier, M.D. (collectively Dr. Maier) for medical malpractice in this wrongful death action. Dr. Maier failed to timely diagnose the decedent’s colon cancer. A jury found in favor of Sanchez. Sanchez filed a memorandum of costs requesting, among other items, expert witness fees. Dr. Maier filed a motion to strike the expert witness fees as costs. The trial court granted the motion to strike as to the fees of an economic expert, but denied the motion as to the fees of medical experts. Dr. Maier appealed from the cost…