Expert witnesses again

Lavi v NYU Hosps. Ctr., 2015 NY Slip Op 08715 (2d Dept. 2015)

“In opposition, the plaintiffs failed to raise a triable issue of fact. The plaintiffs’ expert, who specialized in pathology, did not mention in his affidavit whether he had any specific training or expertise in endocrinology or particularized knowledge with regard to testosterone replacement therapy. Moreover, he did not indicate that he 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’”

“Thus, where a physician provides an opinion beyond his or her area of specialization, a foundation must be laid tending to support the reliability of the opinion rendered”

This is an area of law with so much variability.  On one hand, we all agree that a physician can testify outside his specialization.  On the other hand, the law limits a physician in offering testimony outside his or her specialty when the issue involves an area of  specialized medicine.  I think there needs to be a Court of Appeals case that sets forth a bright line rule, because I am losing track of what the proper statement of law is.

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