One issue related to the victim’s burden of proof in a medical malpractice case is the requirement for expert testimony. Since these lawsuits are complex, the average juror may not be capable of understanding what happened and assessing liability without explanations provided by a specialist in the field. Therefore, New York law requires expert opinion testimony to prove that a medical provider’s actions constituted a breach of the applicable standard of care. The witness is also required to provide evidence that the breach directly caused the injuries. Medical malpractice cases often hinge on expert testimony, and it is thus of utmost importance that a qualified expert is retained. Skipping this step can result in the dismissal of claims long before trial occurs.
