Home Medical Malpractice The Parameters of Non-Physician Testimony in Medical Malpractice Trials

The Parameters of Non-Physician Testimony in Medical Malpractice Trials

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It has long been accepted that expert opinion testimony is admissible in personal injury cases when it helps to clarify an issue calling for professional or technical knowledge, possessed by the witness but beyond the ken of the typical juror. DeLong v. Erie, 60 N.Y.2d 296 (1983). The trial of a medical malpractice case frequently involves issues upon which physician and non-physician experts may be able to provide opinion evidence helpful to the trier of fact.

Once the trial court exercises its discretion as to the admissibility of the expert’s opinions, the weight of the testimony as well as the other evidence is for the jury to determine. De Hernandez v. Lutheran Medical Center, 46 A.D.3d 517 (2d Dept. 2007).



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