Thomas A. Moore and Matthew Gaier Custom and Practice Revisited
In this edition of their Medical Malpractice column, Thomas A. Moore and Matthew Gaier again address the issue of the admissibility of physicians' testimony as to their custom and practice, also known as habit evidence, in light of two recent Appellate Division decisions that provide new insights into the admissibility and applicability of such evidence.
April 05, 2021 at 12:15 PM
15 minute read
In December 2019, we addressed, for the first time in more than two decades, the issue of the admissibility of physicians' testimony as to their custom and practice, also known as habit evidence. See Evidence of Custom and Practice, NYLJ (Dec. 3, 2019), p. 3. We are drawn back to that subject by two recent Appellate Division decisions that provide new insights into the admissibility and applicability of such evidence.
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