What is the current state of the law on identification procedures in medical malpractice cases?

^39. United States v. Fernandez, 456 F.2d 638, 641-42 (2d Cir. 1972). Notably, we also noted in dictum that if there had been an 11-photo array with two photographs depicting the person who matched the witness's physical description, the identification procedure would have been permissible. See id.