Orthopedic Surgeon Expert Witness Allowed to Testify in Collision Claim

by

Summary:  Orthopedic Surgeon Expert Witness testimony is allowed despite the plaintiff’s argument that he is not qualified to offer opinions on medical rates.

Facts:  This case (Galvez v. KLLM Transp. Servs., LLC – United States District Court – Northern District of Texas – December 16th, 2021) involves a claim to recover damages resulting from a collision between two vehicles.   The plaintiff hired Orthopedic Surgeon Expert Witness Andrew Indresano, M.D. to provide expert testimony on her behalf.  The defendant filed a motion to exclude this expert witness from testifying.

Discussion:  The defendant claims that Dr. Indresano’s testimony should be excluded because he is not qualified to offer an opinion as to whether the amounts charged were necessary and reasonable, whether this reasonableness conclusion was based on a reliable method, and the fact that his conclusions were not reliable.

The plaintiff counters by stating that Dr. Indresano’s testimony should not be excluded because he sets the billing rates for his practice.  In addition, he claims that he works as an independent contractor who assists in setting billing rates in the Dallas area.  In addition, the plaintiff counters that Indresano’s opinions about the reasonableness of the medical bills were reliable.

The court opines that Dr. Indresano’s opinions about the medical charges are admissible.  The court notes that Dr. Indresano is a board certified orthopedic spinal surgeon who has performed thousands of the procedures at issue in this case.  This fact alone, states the judge, is enough to qualify Dr. Indresano to testify about the charges at issue.

In addition, the court states that Dr. Indresano’s testimony is reliable and should be admitted to evidence at trial.  The court opines that the arguments set forth by the defense go to the weight of the opinion rather than it’s admissibility.  Also, the court says that Dr. Indresano’s opinion about the cause Galvez’s injuries are reliable to be admitted at trial.  The court maintains that Indresano relied on the scientific method of diagnosis that is prevalent in the medical community.

Conclusion:  The motion to exclude the expert witness opinion of Dr. Andrew Indresano is denied by the court.