What weight should be given to the opinion of a treating source in a medical malpractice case?

MultiRegion, United States of America

The following excerpt is from Vieira v. Berryhill, No. 2:15-cv-1685 DB (E.D. Cal. 2017):

general rule, more weight should be given to the opinion of a treating source than to the opinion of doctors who do not treat the claimant . . . ." Lester, 81 F.3d at 830. This is so because a treating doctor is employed to cure and has a greater opportunity to know and observe the patient as an individual. Smolen, 80 F.3d at 1285; Bates v. Sullivan, 894 F.2d 1059, 1063 (9th Cir. 1990).

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