When will a physician be held liable for error of judgment in a medical malpractice case?

The rule does not hold a physician ". . . liable for a mere error of judgment, provided he does what he thinks is best after careful examination." (Pike v. Honsinger, 155 N.Y. 201, 210, 49 N.E. 760, 762.) In the usual case, proof of the absence of these duties, is dependent upon the testimony of experts. The underlying reason is that the subject matter to be inquired about may be presumed to be outside the common knowledge and experience of ordinary jurors and the inferences and facts are of such a nature as to require special knowledge or skill. An expert witness is not necessary in every case. This is particularly evident where the conditions are ". . . of such a character as to warrant the inference of want of care from the

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