Practice point: If the matter is not within the ordinary juror's experience, expert testimony is needed to prove a deviation from the accepted standard of medical care and proximate cause.
Student note: When that expert testimony is precluded, plaintiff cannot make out a prima facie case, and the complaint will be dismissed.
Case: Sushchenko v. Dyker Emergency Physicians Serv., P.C., NY Slip Op 06101 (2d Dept. 2011
Tomorrow's issue: Personal injury.
