Baiko V. Mays

In this appeal, the issue is whether a plaintiff in a malpractice action against both his lawyer and accountant is required as a matter of law to produce expert testimony on the standard of care to counter their denial that their action did not fall below the standard of care for their professions. Plaintiff appellant Kenneth L. Baiko argues that his case is different from the usual competency malpractice actions, which require expert testimony. He argues he hired these professionals because of his suspicion that Dr. David Mays' dental practice might not be as lucrative as Dr. Mays represented. Thus, he required his lawyer and accountant to obtain the patient dental records and files because of his suspicion. This, he argues, is within the general knowledge and understanding of a lay jury, which negates the requirement of expert testimony.