In many medical malpractice cases, the plaintiff can pinpoint the precise acts that led to their harm. In some matters, though, the plaintiff will rely on the fact that the harm they suffered would not have occurred absent negligence, in support of their assertion that the defendant committed medical malpractice. This theory, known as res ipsa loquitor, is valid under New York law, as shown in a recent ruling issued in a surgery malpractice case. If you suffered harm at the hands of a surgeon, it is prudent to confer with a Syracuse medical malpractice lawyer regarding what evidence you must produce to establish liability.
The History of the Case
It is reported that the plaintiff was admitted to the defendant hospital for a surgical procedure on his spine. After the surgery, the plaintiff felt pain in his left knee. A subsequent examination revealed that he tore a tendon in his quadricep. He then brought medical malpractice claims against the defendant hospital and the doctors who treated him during his admission, alleging that they negligently dropped him during the surgery, causing his knee injury. The defendants moved for summary judgment, but the court denied their motion. They then appealed.
Res Ipsa Loquitor in Medical Malpractice Cases
The appellate court ultimately affirmed the trial court’s ruling. The appellate court explained that while the defendants established they were entitled to judgment as a matter of law by producing an expert affidavit stating they did not depart from the applicable standards of care, the plaintiff adequately rebutted their assertions. Continue Reading ›