7-9-09 Mohammed Khan, et al. v. Sunil K. Singh, M.D.
(A-73-08)
There was no foundational proof for the plaintiff’s experts’
testimony that it is common knowledge in the medical community
that the injury ordinarily occurs only because of negligence.
Although lack of experience alone does not necessarily preclude
an expert from offering such an opinion, the experts did not
point to any training, education, or medical literature as an
alternate source of support for their common knowledge
testimony. Even if the Court were to embrace the “conditional
res ipsa” theory, application of that charge is not supported by
this factual record.
Richard Sadowski
Assistant Editor
