December 2019 Bar Bulletin
By Mark Johnson and Michael Sprangers
Necessity, Scope and Admissibility of Expert Testimony
With respect to medical negligence claims it is a near universal truth that a plaintiff must present qualified expert opinion testimony, stated to a reasonable degree of medical certainty, on both the standard of care and proximate cause.99
As in any case where the admission of expert testimony is an issue, it is for the trial court to determine: (1) whether the subject matter is grounded in “generally accepted science” (the Fryestandard); (2) whether expert testimony will “assist the trier of fact;” and (3) whether the witness is qualified to testify on...