In a Syracuse medical malpractice lawsuit, the burden of proof is on the plaintiff. This means that he or she must be able to prove the elements of professional negligence, including a deviation from the acceptable standard of care and proximate causation between this breach of care and the injuries for which the plaintiff seeks monetary compensation, by a preponderance of the evidence.
Because issues of professional negligence typically involve matters that are beyond a layman’s knowledge, most malpractice cases involve the testimony of multiple expert witnesses, who are called upon to explain complex matters in a way that will help jurors resolve the issues. Often, the plaintiff and the defendant will each have experts, and those experts’ opinions may vary widely. Assuming that a case survives the summary judgment phase of litigation, it will be the jury’s job to decide which side has “made their case,” so to speak.
Facts of the Case
In a recent case appealed from the Supreme Court for Bronx County, the plaintiff was a woman who suffered from a large aneurysm in the artery behind her left eye. She received various treatment for this condition, including the placing of a stent and a balloon occlusion test performed by the defendant doctor. In response to the plaintiff’s medical malpractice claim, the doctor sought summary judgment insofar as it concerned the plaintiff’s post-surgical treatment after the aforementioned medical procedures. The trial court denied the doctor’s motion, and he appealed.