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Steven Balson-Cohen. Courtesy photo.

Many litigants rely on expert testimony as an important evidentiary aid in proving or defending their cases. The point of expert testimony is to provide information not within the ordinary scope of a lay jury’s knowledge that will assist them in making an informed decision as to any medical or other scientific evidence particularly as it relates to causation of injuries. As the Court of Appeals noted in Dufel v. Green, 84 N.Y. 2d 795, 622 N.Y.S. 2d 900 (1995), “(a) medical judgment on the seriousness of plaintiff’s injury when the jury may not be able to resolve the question without expert opinion evidence is consistent with…legislative intent.”

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