Orthopedic Surgery Expert’s Testimony on Venous Issues and Wound Care Admitted
Posted on September 9, 2025 by Expert Witness Profiler
This case arises out of an accident in which Nolan Gorney slipped and fell at a Safeway store. Gorney designated Dr. Michael A. Steingart, an orthopedic surgeon, as an expert. Steingart conducted an independent medical examination and opined that the accident aggravated Gorney’s preexisting condition. He also stated that Gorney’s “vascular status had changed from this fall and in all medical probability caused progression of his clot or for the need of treatment.” Safeway filed a motion to exclude Steingart’s opinions.
Orthopedic Surgery Expert Witness
Michael A. Steingart has a busy orthopedic practice for more than 24 years. He was trained in general orthopedic surgery and has specialized in back/spine issues and extremities for surgical and non-surgical orthopedics. Steingart has extensive training and experience in proper diagnosis and treatment of injuries and ailments of the musculoskeletal system.
Discussion by the Court
Safeway argued that Steingart’s expert opinions must be excluded because (1) he did not review all of Gorney’s relevant medical records, so his opinions are not based on sufficient facts and data or a reliable methodology and (2) as an orthopedic surgeon, he is not qualified to opine on areas that touch on
venous issues and wound care.
Failure to Examine All Relevant Medical Records
Steingart based his opinion on a review of Gorney’s medical records—one set of records contained 600 pages, his examination of Gorney, and Gorney’s oral medical history. The Court refused to exclude Steingart’s opinions on this ground.
Safeway argued that, for his opinions to be reliable, Steingart was required to review the medical records from IYA Medical, LLC and from Gorney’s primary care physician, in addition to the records he already reviewed from Arizona Pain Doctors, Chandler Regional Medical Center, Arizona General Hospital, and MRI scans from SimonMed. However, Steingart was not required to do so.
Rule 702 requires only that Steingart’s opinions be based on “sufficient”—not exhaustive—“facts and data.”
Safeway also argued that Steingart’s opinions are unreliable because he relied on summaries of the medical records prepared by Safeway’s experts, Dr. Michael Domer and Dr. David Feuer, rather than on the records themselves.
It was not per se improper for Steingart to consider Domer’s and Feuer’s summaries, especially with regard to Domer because Steingart testified that he has known Domer for years and that Domer prepares honest opinions.
Finally, although Safeway took issue with Steingart’s reliance on Gorney’s self-reported medical history, this is not a proper basis to exclude Steingart’s opinions because the Court permitted Steingart to rely on Gorney’s oral medical history in forming his opinions.
Qualification to Opine on Venous Issues and Wound Care
Although Safeway is correct that a medical doctor’s qualification to opine in one area “does not mean he is qualified to testify on all other medical topics,” Steingart did not venture into territories in which he has no specialized knowledge or experience. Steingart has extensive experience in wound care because, for part of his career, wound management specialists did not exist, so orthopedic surgeons treated such injuries.
That Steingart did not primarily or exclusively practice in wound care does not mean he cannot opine on it based on his years of experience.
As for Steingart’s opinions that touch on venous issues, Steingart is sufficiently qualified to opine on the effect of Gorney’s fall on his body from an orthopedic surgeon’s perspective, even if that includes the fall’s effect on Gorney’s vascular system at large. An orthopedic surgeon specializes in “injuries and diseases of the musculoskeletal system,” including “the bones, joints, tendons, ligaments, and muscles.”
Additionally, considering how intricately connected the human body’s systems are, it is not surprising that Steingart has knowledge about other parts of the body, including the vascular system, that are affected by or which themselves affect injuries to the systems in which he specializes.
The Court held that Steingart is qualified to offer opinions on areas that touch on venous issues and wound care due to his knowledge and experience.
Held
The Court denied Safeway’s motion to exclude Dr. Michael Steingart’s opinions.
Key Takeaway:
An expert witness can review experimental, statistical, or other scientific data generated by others in the field in demonstrating that their opinion adheres to the same standards of intellectual rigor that are demanded in their professional work and are thus reliable.
Case Details:
| Case Caption: | Gorney V. Safeway Inc. |
| Docket Number: | 2:23cv1413 |
| Court Name: | United States District Court, Arizona |
| Order Date: | September 08, 2025 |
