Can out-of-state physicians examine patients in Utah for expert testimony? Johnson v. Atlas Turner, Inc. Explained

Background and Facts

In Johnson v. Atlas Turner, Inc., the Utah Supreme Court addressed whether an out-of-state physician violated Utah’s Medical Practice Act when conducting physical examinations of plaintiffs in Utah as part of trial preparation. The district court had granted summary judgment against the plaintiffs after finding that their medical expert, Dr. Schonfeld, was unreliable and unavailable to testify because he was not licensed to practice medicine in Utah.

Key Legal Issues

The central issue was whether Dr. Schonfeld’s physical examinations of Utah plaintiffs constituted the practice of medicine under the Utah Medical Practice Act, which would require a Utah medical license. The court needed to determine the scope of activities that fall within trial preparation versus the regulated practice of medicine.

Court’s Analysis and Holding

The Utah Supreme Court held that Dr. Schonfeld did not violate the Utah Medical Practice Act when he conducted physical examinations as part of his preparations to testify at trial. The court distinguished between examinations conducted for treatment purposes and those conducted solely for expert witness preparation. The court found that the district court erred in determining Dr. Schonfeld was unreliable as an expert witness based on licensing concerns.

Practice Implications

This decision provides important guidance for practitioners using out-of-state medical experts. Attorneys can now rely on out-of-state physicians to conduct necessary examinations for expert testimony preparation without facing challenges based on Utah medical licensing requirements. However, practitioners should carefully document that such examinations are solely for litigation purposes and not for treatment or diagnosis. The ruling clarifies the boundaries between regulated medical practice and permissible expert witness activities, providing greater flexibility in expert selection while maintaining appropriate professional standards.