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Another Geffner sightingDecember 30, 2014

Tsimbler v Fell, 2014 NY Slip Op 08982 (2d Dept. 2014)

“In opposition, the plaintiff submitted the affidavit of a physician specializing in the field of internal medicine, which did not state whether the physician had any specific training or expertise in ophthalmology, or particularized knowledge as to the treatment of glaucoma. Moreover, the affidavit did not indicate that the physician had familiarized himself with the relevant literature or otherwise set forth how he was, or became, familiar with the applicable standards of care in this specialized area of practice. ” While it is true that a medical expert need not be a specialist in a particular field in order to testify regarding accepted practices in that field . . . the witness nonetheless should be possessed of the requisite skill, training, education, knowledge or experience from which it can be assumed that the opinion rendered is reliable'” (Behar v Coren, 21 AD3d 1045, 1046-1047, quoting Postlethwaite v United Health Servs. Hosps., Inc., 5 AD3d 892, 895; see Shectman v Wilson, 68 AD3d 848, 849). Thus, where a physician opines outside of his or her area of specialization, a foundation must be laid tending to support the reliability of the opinion rendered (see Shectman v Wilson, 68 AD3d at 850; Geffner v North Shore Univ Hosp., 57 AD3d 839Bjorke v Rubenstein, 53 AD3d 519, 520; Glazer v Lee, 51 AD3d 970, 971; Mustello v Berg, 44 AD3d 1018, 1019; Behar v Coren, 21 AD3d at 1046-1047). ”

The general rule is that a physician can opine on anything within the gambit of medicine. Yet, Geffner carved out an exception for what I can only conceive as areas within certain specialized areas of medicine, where the physician’s recitation of education and expertise has to be akin to that of a nurse opining on the service of a physician.  This of course runs counter to the DFS opinion letter (when they used to write opinion letters) which states a physician can comment on out of specialty services.

7 Responses

  1. Wang Chung says:

    Herro … this is ahhh Wang Chung. Is the head guy from DFS back wen he Swuperintendwent of Insurwance stwill awound …

    That fuckey Dickey Wrwyn …

    Wang Chung want cworrupt Gwovernor Cwomo to gwease the bottom of my car chasis with his oily hwead.

  2. Kurt Lundgren says:

    Has there been a Zuppa sighting in addition to Geffner?

  3. SunTzu says:

    That’s not Ray! Ray has left the building.

    I really don’t mind the decision, good for providers.

  4. SunTzu says:

    Strikes me that the DFS should not be rendering opinions regarding what’s within the realm of knowledge of a medical doctor. That’s outside the DFS’s realm of specialty, ironically.

  5. Wang Chung says:

    Twhat would be layperson pwactice of medicine just wike IME and Pweer Rewiew. If you do that as citizen you go jail.

    ohhhh ….

    Sowwry … this is ahhh fwiggin Wang Chung.

  6. Kurt Lundgren says:

    I miss Ray Zuppa. I do think he has turned Japanese, I really think so.

  7. SunTzu says:

    This is just like old times!

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