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Expert Testimony

On Behalf of | Jun 18, 2020 | Firm News, Negligence |

In many personal injury, car accident or premises cases it is necessary to hire a medical expert or engineer to prove the case. The expert must base his testimony on accepted ideas in the scientific community which her operates.  A trial denied the ability of a expert to testify about some evidence.  The appellate court affirmed the decision stating that the conclusions were not based on accepted scientific grounds. The following is an excerpt from the decision:

Nevertheless, we agree on the merits that the proffered evidence was properly precluded. To satisfy the Frye standard, expert testimony must be based upon a scientific principle or procedure which has been “sufficiently established to have gained general acceptance” (Marso v Novak, 42 AD3d 377, 378 [1st Dept 2007], lv denied 12 NY3d 704 [2009] [internal quotation marks omitted]). A party fails to carry this burden if it does not present supporting material such as clinical data and peer reviewed medical literature (see Matter of Bausch & Lomb Contact Lens Solution Prod. Liab. Litig., 87 AD3d 913, 913 [1st Dept 2011], lv dismissed 19 NY3d 845 [2012]). Here, the material presented by plaintiff’s proposed experts discussed the presence of involuntary fasciculations in patients who experienced hyponatremia, but who also demonstrated indicia of brain damage.

Please call David Ascher to discuss your case and determine whether an expert is needed to help prove your case.

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