Is expert needed?

March 2, 2015

Question

Can the doctor waive an expert requirement by stating that he does not know what the other doctors would do and he basically doing his own thing and relying on his own judgment and he does not have to know what the other doctors would do? Is it some base to proceed without an expert then and deal with his judgment alone and see if it has reasonable prudence without comparing it with customs??

Answer

This is a hypothetical question, which is useless in the context of a real case. You have the burden of proof. Your opponent is not only the doctor you are suing but the attorney representing that doctor. To think they will waive your need to bring in an expert is extreme wishful thinking... On the contrary, they will hammer you for not having an expert. If you're so convinced of the merits of your case, why is it such a problem for you to find a physician that agrees with you? The judge will not be amused if you try to proceed without an expert, and most likely will dismiss your case.

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