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”
