Opinion No. (2004)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE LIZ FIGUEROA, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: When a physician testifies as an expert in a civil proceeding regarding the applicable standard of medical care and whether the defendant has breached that standard, may the physician, on the basis of his or her testimony, be held liable in a subsequent tort action brought by the adverse party or be subject to professional discipline by the Medical Board of California? CONCLUSION When a physician testifies as an expert in a civil proceeding regarding the applicable standard of medical care and whether the defendant has breached that standard, the physician may not, on the basis of his or her testimony, be held liable in a subsequent tort action brought by the adverse party, but may be subject to professional discipline by the Medical Board of California if the testimony constitutes unprofessional conduct. ANALYSIS The question presented for our analysis concerns testimony given by a physician for the plaintiff or the defendant in a medical malpractice suit, where the physician is called upon to provide an…