Treating Physicians’ Right to Disagree With Their Patients

A recent appellate decision allowed defendants’ retention of experts who previously treated one or more of the hundreds of plaintiffs claiming damages in the pelvic mesh litigation against Johnson & Johnson. The decision in In Re Pelvic Mesh/Gynecare Litigation   should have a positive impact for the defense of mass litigation as well as the development of treating physician fact witness testimony in “ordinary” personal injury and products liability cases.  The Appellate Division rejected plaintiffs’ argument that treating physicians have a broad duty to “refuse affirmative…
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