Dameron v. Mercy Hospital & Medical CenterAnnotate this Case
After Dameron underwent a robotic-assisted hysterectomy at Mercy Hospital, she brought a medical malpractice action. During discovery, Dameron disclosed Dr. Preston as a controlled expert witness under Ill. Sup. Ct. Rule 213(f)(3). Dameron stated that Preston would testify concerning "the comparison electromyogram and/or nerve conduction studies he will be performing" and would also testify that he reviewed the results of Dameron’s November 2013 EMG and NCV tests performed at Mercy. In June 2017, Preston performed the EMG study and prepared a report. In July 2017, Dameron e-mailed the defendants, stating that she was withdrawing Preston as a Rule 213(f)(3) controlled expert witness and considering him to be a Rule 201(b)(3) non-testifying expert consultant and that she would not produce any documents from Preston’s review of the case or his examination. Dameron moved to change Preston’s designation and sought to preclude discovery of facts and opinions known by Preston absent a showing of exceptional circumstances, stating that Preston was not one of her treating physicians.
The appellate court reversed the denial of Dameron’s motion. The Illinois Supreme Court affirmed. Defendants are not entitled to Preston’s report and EMG study on the basis that Preston served as Dameron’s treating physician; Preston was consulted for the purpose of providing testimony. A party is permitted to redesignate an expert from a Rule 213(f) controlled expert witness to a Rule 201(b)(3) consultant in a reasonable amount of time before trial, where a report has not yet been disclosed. Rule 201(b)(3) protects both conceptual data and factual information. Defendants did not show exceptional circumstances.