15 Fla. L. Weekly Supp. 841a
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is not entitled to expert witness fee for appearance at deposition
MARUCCI WELLNESS CENTER A/A/O GREGORIO RODRIGUEZ, Plaintiff(s), vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant(s). County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 502006 CC 7222 XXXX MB-RL. June 4, 2008. Paul A. Damico, Judge. Counsel: Brian E. Pabian, Luks, Santaniello, Perez, Petrillo & Gold, Fort Lauderdale. Steven I. Battisti, Cohen Batista, Winter Park.
ORDER ON DEFENDANT’S MOTION TO DETERMINE ENTITLEMENT TO EXPERT WITNESS FEE
THIS CAUSE came before the Court upon Defendant’s Motion to Determine Entitlement to Expert Witness fee, and the Court having been otherwise duly advised, it is hereupon,
ORDERED AND ADJUDGED as follows:
This motion arises from a Personal Injury Protection suit, involving the non-payment of medical bills submitted by the Plaintiff to Defendant for services allegedly rendered to Gregorio Rodriguez. Defendant has issued a Notice of Taking Deposition of Jason T. Marucci, D.C., the principal and owner of MARUCCI WELLNESS CENTER. In response, Plaintiff has sought an expert witness fee for Dr. Marucci’s appearance at deposition.
This Court joins Judge Peter M. Evans, in adopting his ruling and rationale as stated in Orthopaedic Care Specialists, P.L. (Richard Williams) v. Progressive Express Ins. Co., 11 Fla. L. Weekly Supp. 52a, County Court in and for Palm Beach County. Expert opinions are those acquired and developed in anticipation of litigation for trial, as in the case of an expert retained by counsel. Frantz v. Golebiewski, 407 So. 2d 283, 285 (Fla. 3d DCA 1981). In contrast to an examining physician, a treating physician does not acquire his expert knowledge for the purpose of litigation but rather simply in the course of attempting to make his/her patient well. Id.; See also, Ryder Truck Rental, Inc. v. Perez, 715 So. 2d 289, 290 (Fla. 3d DCA 1998).
A physician or other health care practitioner, who testifies regarding his/her knowledge of the patient’s treatment, diagnosis of prognosis, does not, for the purpose of this analysis, express an expert opinion. This applies whether the treating physician testifies to factual matters as to which any lay witness may testify or testifies as to the patient’s diagnosis, prognosis and causation of the injury.
Based upon the foregoing, Jason T. Marucci, D.C., as the treating physician expressing opinions based upon his care of Gregorio Rodriguez, is not entitled to an expert witness fee for his appearance at deposition.
