California, United States of America
The following excerpt is from Plunkett v. Spaulding, 52 Cal.App.4th 114, 60 Cal.Rptr.2d 377 (Cal. App. 1997):
The rationale for regarding a treating physician differently from other experts lies in the assumption that the treating physician's opinions are based upon information acquired from his or her personal observations of the patient. (Hurtado v. Western Medical Center (1990) 222 Cal.App.3d 1198, 1203, 272 Cal.Rptr. 324.) "Because a percipient expert is not given information by the employing party, but acquires it from personal observation, [52 Cal.App.4th 128] [section 2034] treats him or her as a fact witness. Requiring an attorney to analyze such a witness's anticipated testimony and submit the analysis to the opponent would invade the absolute protection given by the work product doctrine to the thought processes of an attorney in preparation for trial." (Ibid., citing City of Long Beach v. Superior Court (1976) 64 Cal.App.3d 65, 80-81, 134 Cal.Rptr. 468.)
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