The Missing Witness Charge in the Medical Malpractice Trial

, New York Law Journal


In their Medical Malpractice Defense column, Martin Clearwater & Bell's John L.A. Lyddane and Barbara D. Goldberg write: Although the "missing witness charge" is frequently discussed and requested in cases where a party's examining physician is not produced at trial, the principle has a much broader application given the myriad factual issues presented by a medical malpractice case.

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