The Appellate Division, Second Department’s recent decision in Behar v. Coren is an excellent case demonstrating that an expert affidavit must contain some indication that he or she has the requisite skill, training, knowledge, or experience to ensure that the opinion rendered is reliable.  The defendant doctors in this medical malpractice case met their prima facie burdens by producing evidentiary proof that the treatment they rendered conformed to good and acceptable medical practice.

The plaintiffs merely proffered the affidavit of  a pathologist who contested the opinions of the doctors’ respective experts concerning the surgical and gastroenterological treatment administered to the infant plaintiff; however, the affidavit of the plaintiffs’ expert did not mention whether he had any specific training or expertise in surgery, gastroenterology, or pediatrics.