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WEISS v. ZUCKERMAN

114 A.D.2d 895 (1985)

Arthur Weiss, Appellant, v. Seymour Zuckerman, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 12, 1985

Judgment affirmed, with costs.

In order to establish a prima facie case of medical malpractice, expert testimony is required to establish proximate cause unless the causal relationship is readily apparent to the trier of fact (Lipsius v White, 91 A.D.2d 271). In this case, it is not readily apparent that the alleged damages were caused by the alleged malpractice of defendant. Since a jury may not be permitted to speculate...

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