Wednesday, February 10, 2016

Expert opinion testimony in a chiropractic malpractice action.

Practice point:  Physicians offering opinions in medical, dental, podiatric, chiropractic, or other specialty malpractice actions must establish their credentials in order for their expert opinions to be considered by courts. They do so by being specialists in the field that is the subject of the action, or if not specialists in the same field, then by possessing the requisite skill, training, education, knowledge, or experience from which it can be assumed that the opinion rendered is reliable. 

Student note:  As with medical malpractice actions, chiropractic malpractice actions require proof that the defendant chiropractor deviated or departed from the accepted community standards of chiropractic practice, and that such deviation or departure was a proximate cause of the plaintiff's injuries.

Case:  Bongiovanni v. Cavagnuolo, NY Slip Op 00638 (2d Dept. 2016)

Here is the decision.

Tomorrow's issue: Sidewalk defects and an abutting landowner's liability.