Summary: Orthopedic Surgery Expert Witness testimony was allowed even though the plaintiff argued that the doctor did not provide an explanation that splinting was the best course of treatment for the plaintiff’s injuries.
Facts: This case (Witkin v. Lotersztain – United States District Court – Eastern District of California – June 23, 2022) involves a claim by a prisoner against a medical doctor. The plaintiff, Michael Aaron Witkin, says that he was injured during a game of flag football and the doctor, J. Lin, did not provide adequate care which violated Witkin’s Eighth Amendment rights. Witkin states that he fractured a finger on his hand. The defendant has hired Orthopedic Surgery Expert Witness Alexandra Burgar to provide testimony in this case. The plaintiff has filed a motion to exclude this expert from testifying.