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Can You Bring a Pediatrician In To Testify Against a Surgeon?

Your case involves a surgical error. Is it acceptable to bring in a pediatrician to testify in your surgical malpractice practice case?

The answer is no. Ideally, you want to bring in a medical expert who has the same type of qualifications as the doctor that you have brought a lawsuit against.

That type of physician will best know what the standards of medical care are compared to a doctor who does not specialize in that field of medicine.

If a pediatrician were to try and testify in a case involving claims of wrongdoing against the surgeon, he would be destroyed on cross-examination.

It would not matter that the pediatrician may have some knowledge of the standards for a particular surgical procedure.

If your case involves surgical error, then you would want a well-qualified board certified surgeon to come in and explain that he does this procedure all the time and is very familiar with the standards of care regarding this particular procedure.




Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.