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The new doctor you are consulting, tells you on your very first visit that your previous doctor has made some serious errors in regarding your health and diagnosis. If you decide to bring a medical malpractice case against your first doctor, then can you call your second doctor to testify against your original doctor?

The new doctor you are consulting, tells you on your very first visit that your previous doctor has made some serious errors in regarding your health and diagnosis. If you decide to bring a medical malpractice case against your first doctor, then can you call your second doctor to testify against your original doctor?

Second Doctor Says You have been Given the Wrong Treatment

You have been going to one doctor, and you feel he has been doing something wrong. Now, you suffer some type of injury, and you decide to find a second opinion and consult another doctor. When you see the second doctor, he is examining you, talking to you, and finding out how you wound up getting this particular type of problem.

After examining you, this doctor tells you that you should not have suffered this type of injury, and your previous doctor should not have done all these things to you. Ultimately, when you bring a medical malpractice lawsuit against your first doctor, ideally you would want your second doctor to come in and testify against doctor number one.

Will second doctor testify against your first doctor?

What is the likelihood of your second doctor coming and testifying voluntarily, spending an entire day in court testifying against doctor number one, who might be his colleague and be in the same circle as your original doctor? Well, the reality is that in almost every instance, doctor number two will not want to come in and testify against doctor number one, even if they are competitors in their fields and they happen to not care for each other that much. There is couple of reasons for this.

Why the Second Doctor is Unlikely to Testify

First, most doctors do not want to get involved in litigation. Another reason is that your second doctor will gladly tell you what he thinks was done wrong, but under no circumstances is he going to say that exact same thing under official testimony during a trial when asked.

Your second doctor might be afraid of doctor number one, or he may be comfortable telling you something against doctor number one in the comfort of his own office. However, when you try to get your second doctor into court to possibly betray a colleague-that is a route he does not want to walk down.

This second doctor will be in front of a jury, and he will be asked questions under oath. Secondly, the news of this will spread, and all his colleagues will come to know that he is testifying against another doctor, and this is where peer pressure comes into the fold. This does not appeal to too many doctors.

Hence, when a doctor tells you that your previous doctor has messed up and he is willing to say that in court, that is outstanding because you may not always find a doctor willing to do so unless something is egregious. After you have filed a medical malpractice lawsuit against the first doctor, you may be surprised to see that your second doctor is giving different reasons about why he cannot come and testify. This is why you and your attorney need to have total commitment by this second doctor before lawsuits are levied.

Unlikely

More times than not, your doctor will not want to testify against another doctor in the same field. You might entice, or your attorney most likely, other expert witnesses to testify on your behalf, who might be doctors. But it highly unlikely that another doctor whom you have consulted would be willing to testify against your previous or first doctor.