Treating Physician V. Expert Witness

Law360, New York (June 11, 2009, 12:00 AM EDT) -- Causation is a fundamental element for proving a product liability claim. In most states, expert testimony is required for the plaintiff to prove that the product was a medical cause of the alleged injury.

See, e.g., In re Baycol Prods. Litig., 321 F. Supp. 2d 1118, 1126 (D. Minn. 2004) (noting that claims in this MDL involve “complex questions of medical causation beyond the understanding of a lay person,” which are required to be established by expert testimony); Campbell v. McMillin, 83 F. Supp. 2d 761,...
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