Key Takeaway
Court rejects cardiovascular surgeon's expert opinion on visual impairment, emphasizing that medical experts must have specialized knowledge in the relevant field to testify.
Expert Qualification Requirements in Medical Malpractice Cases
Medical malpractice litigation relies heavily on expert testimony to establish negligence and causation. However, not every physician can serve as an expert witness on every medical issue. Courts scrutinize whether experts possess the specialized knowledge necessary to offer credible opinions within their proposed scope of testimony.
The qualification of expert witnesses has become increasingly stringent, particularly when experts attempt to testify outside their primary area of specialization. This trend reflects courts’ efforts to ensure that expert opinions are based on genuine expertise rather than general medical knowledge. Understanding these qualification requirements is crucial for both attorneys and medical professionals involved in litigation.
Jason Tenenbaum’s Analysis:
Steinberg v Lenox Hill Hosp., 2017 NY Slip Op 02383 (1st Dept. 2017)
Yes, the general rule is that a physician can offer an expert opinion about a medical issue and that will be sufficient evidence to make a prima facie showing or to defeat a prima faice showing. There is a tension on this issue where I am seeing that the exception to the rule is more true than the rule itself.
“Plaintiffs’ expert was also not qualified to offer an opinion as to causation. He specializes in cardiovascular surgery, not neurology or ophthalmology. Moreover, he failed to “profess the requisite personal knowledge” necessary to make a determination on the issue of whether the perforation was responsible for plaintiff’s visual impairment”
Key Takeaway
While physicians generally qualify as medical experts, courts increasingly require specialized knowledge in the specific medical field at issue. A cardiovascular surgeon cannot simply offer opinions about neurological or ophthalmological matters without demonstrating requisite personal knowledge and experience in those areas. This trend toward stricter expert qualification standards reflects judicial efforts to ensure reliable, specialized testimony in complex medical cases.
