Friday, November 23, 2012

Medical malpractice, and experts' opinions.


Practice point: When a physician opines outside his or her area of specialization, a foundation must be laid tending to support the reliability of the opinion rendered.

Student note: Even if the defendant-physician did depart from accepted practice, plaintiff cannot defeat summary judgment if the expert’s assertion that this departure proximately caused the plaintiff's injuries is purely speculative.

Case: Bey v. Neuman, NY Slip Op 07262 (2d Dept. 2012).

 Here is the decision.

Monday’s issue: Motions for leave to renew.