In the course of preparing a case, there may be times when you need testimony from a healthcare professional who is not a medical doctor. That raises the question as to exactly what that person can testify to. The initial limitation maybe governed by Virginia Code § 8.01-399. That Code section essentially limits the treating provider to testify only to what is in their notes of treatment unless otherwise identified as an expert.
The next question that may arise is whether or not they can express diagnoses and opinions as to causation.
Expert Healthcare Testimony-Non-Medical Doctors
As to chiropractors, nurse practitioners and physician assistants, that is addressed in § 8.01-401.2. It says that when properly qualified, they may testify as to diagnosis, causation, prognosis, treatment and disability within the scope of their activities as authorized under the referenced Code section.
A podiatrist, on the other hand, may be somewhat limited. In Hollingsworth v. Norfolk Southern Railway, 179 Va. 360, (2010) the court dealt with the issue of whether a podiatrist could testify as to a diagnosis and/or causation. The court noted that causation of a human physical injury is a component part of a diagnosis. Within the then-existing Code section at § 54.1-2900, the practice of podiatry did not include diagnosis. The court said that because of that they could not testify as experts regarding the causation of human physical injuries.
That has since changed. The now-existing Code § 54.1-2900 states that the practice of podiatry includes diagnosis of physical conditions.
Healthcare Testimony-John v Im
In John v. Im, 263 Va. 315, 321, 559 S.E.2d 694, 697 (2002), the court ruled that a licensed psychologist was not qualified to give an opinion as to mild traumatic brain injury as a result of the impact. The basis for that decision was that causation of a human physical injury is a component part of a diagnosis. In Code § 54.1-3600, a licensed clinical psychologist is expressly authorized to diagnose and treat mental and emotional disorders. As such a psychologist could express an opinion as to PTSD or other emotional issues but probably could not express an opinion as to the actual brain injury.
In Conley v. Commonwealth, 273 Va. 554, 560, 643 S.E.2d 131, 134 (2007), a licensed clinical social worker was allowed to testify as to the diagnosis and treatment of PTSD. In Fitzgerald v. Commonwealth, 273 Va. 596, 602, 643 S.E.2d 164 (2007), the court allowed a licensed professional counselor to testify that the victim suffered from PTSD. In Velasquez v. Commonwealth, 263 Va. 95, 103, 557 S.E.2d 213, 2018 (2002), the court said that a sexual assault nurse was able to testify as to causation of injuries in a sexual assault case.
Healthcare Testimony-Optometrists
Optometrists are eye doctors. They are not eye surgeons. They are not medical doctors, however the practice of optometry as defined in § 54.1-3200, includes the evaluation, examination, diagnosis and treatment of abnormal or disease conditions of the eye. As such an optometrist would be allowed to diagnose and, based on the wording from Hollingsworth, that causation of a human physical injury is a component of diagnosis, it would seem that the optometrist likewise is able to express an opinion as to causation. That causation however probably has to be limited to the conditions for which there is a diagnosis. Neurooptometrists by 2024 statute may testify to causation.
Call, or contact us for a free consult. Also for more info on expert healthcare testimony see the Wikipedia pages. Also see the post on this site dealing with expert issues.
