Section 16.6 Necessary for Submissible Case

• Library: Civil Trial Practice 2015 Supp

A. (§16.6) Necessary for Submissible Case

It may be necessary in some cases for a properly qualified expert to render an opinion on the elements of a cause of action in order for a party to make a case submissible to the fact-finder. This is especially true in cases in which professionals, such as attorneys or doctors, are sued for malpractice.

In the great majority of malpractice cases, a submissible case may only be made by expert medical testimony. Seippel-Cress v. Lackamp, 23 S.W.3d 660 (Mo. App. W.D. 2000). An expert is needed when the matter at issue involves knowledge beyond the reach of the average juror. Haase v. Garfinkel, 418 S.W.2d 108, 113 (Mo. 1967). In these situations, experts are needed to aid the jury in reaching a conclusion on whether the defendant violated the standard of care. Id. at 113. On the other hand, when the conduct in question does not involve skill or...