Kenneth E. Sitts v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding the district court properly admitted a party attorney’s affidavit where it was made on personal knowledge
• noting that, except in rare cases, such as “where an unexplained injury has occurred to a part of the body remote from the site of the surgery,” New York plaintiffs are required to introduce expert testimony to establish a prima facie claim of medical malpractice
• noting that, except in rare cases, such as “where an unexplained injury has occurred to a part of the body remote from the site of the surgery,” New York plaintiffs are required to introduce expert testimony to establish a prima facie claim of medical malpractice
• explaining that under New York law “unless the alleged act of malpractice falls within the competence of a lay jury to evaluate, it is incumbent upon the plaintiff to present expert testimony in support of the allegations to establish a prima facie case of malpractice”
• discussing exceptions under New York law when expert testimony is unnecessary
• “[I]n the view of the New York courts, the medical malpractice case in which no expert medical testimony is required is ‘rare.’”

Source: CourtListener parenthetical corpus (CC0).