Carbaugh v. Asbestos Corporation: Introduction of Opinion and Decision in Utah Case

Read the introduction of the opinion and decision in the Carbaugh case, where a number of asbestos plaintiffs sought relief after finding that their medical expert, although a licensed and credentialed physician in other states, was not licensed to practice medicine in Utah.

Unlicensed to practice medicine in Utah, Dr. Alvin Schonfeld set up short-term medical clinics in various hostelries in Salt Lake City, Utah, for the purpose of examining persons who suspected that they suffered from asbestos-related diseases. Dr. Schonfeld confirmed the suspicions of forty-seven individuals, whom he diagnosed with asbestos-related diseases. These forty-seven became the plaintiffs in the four cases we have heard together on this appeal. The plaintiffs sued a legion of entities that they believed were legally accountable for their asbestos-related illnesses.

The plaintiffs designated Dr. Schonfeld as their medical expert. He was to present his opinion testimony about the causes of the plaintiffs’ conditions. The defendants, however, sought summary judgment on the ground that Dr. Schonfeld had practiced medicine in Utah without a license in violation of the Utah Medical Practice Act (or the Act), Utah Code Ann. §§ 58-67-101 to -803 (2002 & Supp. 2005), and was therefore unreliable as an expert.

The district court agreed, granted the defendants’ motions, and dismissed the plaintiffs’ cases because, without the services of Dr. Schonfeld, they could not present the necessary expert testimony to sustain their claims. We hold that Dr. Schonfeld did not violate the Utah Medical Practice Act when he conducted pre-testimony examinations of the plaintiffs and that, therefore, Dr. Schonfeld did not disqualify himself from testifying by performing the examinations.

Courtesy of the Utah State Courts

Other helpful links:

Asbestos Asbestos
Asbestos and lung cancer Asbestos and lung cancer
Mesothelioma attorney Mesothelioma attorney
Mesothelioma Lawyer Mesothelioma lawyer
Asbestos attorney Asbestos attorney