When a medical malpractice officer is asked whether he is free to set his own expert opinion against that of a physician who has provided an opinion that was properly submitted to him?
MultiRegion, United States of America
The following excerpt is from Mariani v. Colvin, No. 13-1941 (2nd Cir. 2014):
resolve issues of credibility as to lay testimony or to choose between properly submitted medical opinions, he is not free to set his own expertise against that of a physician who testified before him." (internal quotation marks omitted)); Balsamo v. Chater, 142 F.3d 75, 80-81 (2d Cir. 1998).
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