What is the test for proving that a plaintiff is a plaintiff in a medical malpractice case?

question of proof in individual situations should not be the arbitrary basis upon which to bar all actions, and "it is beside the point * * * in determining sufficiency of a pleading". (Woods v. Lancet, 303 N.Y. 349, 356, supra ). In many instances, just as in impact cases, there will be no doubt as to the presence and extent of the damage and the fact that it was proximately caused by defendant's negligence. In the difficult cases, we must look to the quality and genuineness of proof, and rely to an extent on the contemporary sophistication of the medical profession and the ability of the court and jury to weed out the dishonest claims.

Page 435

(10 N.Y.2d at 242, 219 N.Y.S.2d 34, 176 N.E.2d 729).