Why Trust This Analysis
This article is part of our ongoing causation coverage, with 51 published articles analyzing causation issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Expert Testimony Requirements in Medical Malpractice Cases
In medical malpractice litigation, the quality and thoroughness of expert testimony often determines the outcome of a case. Courts scrutinize whether medical experts have adequately reviewed the relevant evidence before forming their opinions. A recent Second Department decision highlights a critical mistake that can doom a plaintiff’s case: relying solely on reports rather than examining the underlying medical images and data.
The foundation of any medical malpractice claim rests on establishing both that a healthcare provider deviated from accepted standards of care and that this deviation proximately caused the patient’s injury. When experts fail to review primary source materials — such as actual diagnostic images, lab results, or medical records — their opinions may be deemed insufficient to survive summary judgment motions. This principle is particularly important in cases involving diagnostic imaging, where the actual films or scans may reveal details not captured in written reports.
Understanding how causation defenses operate and what evidence courts require can be crucial for both plaintiffs and defendants in medical malpractice cases.
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Aliosha v Ostad, 2017 NY Slip Op 06055 (2d Dept. 2017)
“In attempting to refute the opinion of the defendant’s expert regarding good blood flow to the right testicle, the plaintiff’s expert did not actually review the ultrasound images on which the defendant’s expert opinion was based, but reviewed only the ultrasound report”
The case came down to proximate cause and the Court found proofs to be insufficient based upon the failure to review the actual films. Interesting.
Key Takeaway
This case demonstrates that expert opinions based solely on medical reports, without review of the underlying diagnostic images, may be insufficient to establish causation in medical malpractice cases. Courts expect thorough preparation from medical experts, including examination of primary source materials. The importance of contemporaneous records and comprehensive expert review cannot be overstated when attempting to establish or break the chain of causation in complex medical cases.
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Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About This Topic
Causation in New York Personal Injury & No-Fault Law
Causation — proving that the defendant's negligence or the accident caused the plaintiff's injuries — is an essential element of every personal injury and no-fault claim. New York courts distinguish between proximate cause, intervening causes, and pre-existing conditions that may have been aggravated by an accident. The legal standards for establishing causation through medical evidence and the defenses available to challenge causal connection are analyzed in depth across these articles.
51 published articles in Causation
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a causation matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
