Expert Testimony & Qualifications
Expert witness competency, the sufficiency of peer review reports, and Frye hearing standards determine whether medical and scientific evidence reaches the jury.
29 articles from 2012–2021 · 0 current · 2 reviewed case notes · by Jason Tenenbaum
Start here
The explainer for this topic. Read it first; the articles below go deeper on single issues.
Reviewed case notes by year
Notes on decisions from earlier years that the firm has re-read against current law. Each note states when it was last reviewed and what has changed since.
Older archive
Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.
2021 (1)
2020 (1)
2018 (4)
2017 (10)
- Out of scope peer: it is okay
- Subpoena the records
- By-Report
- The electrodiagnostic service was not medically appropriate
- Attacking Expert Credibility: When Past Misconduct Becomes Fair Game in New York
- Competent opinion of a specialist
- The expert opinion
- Qualification of an expert
- The expert
- Triable Issues of Fact in a Medical Malpractice Case: When Expert Opinions Are Too Speculative
2016 (3)
2015 (5)
Frequently asked questions
How are expert witnesses used in New York personal injury cases?
Expert witnesses give opinion evidence on questions a jury cannot decide from ordinary experience, such as whether the accident caused the injury and whether a limitation is permanent. CPLR 3101(d)(1)(i) requires each party, on request, to identify each expert it expects to call and to disclose in reasonable detail the subject matter, the substance of the facts and opinions, the expert's qualifications and the grounds for each opinion. Under CPLR 3212(b), a court may not reject an expert affidavit on summary judgment solely because that exchange was not served first. Novel scientific methods must meet the Frye general acceptance test (Parker v Mobil Oil Corp., 7 NY3d 434 (2006)).