Syracuse Personal Injury Law Blog
The standard of care imposed on medical professionals is beyond the understanding of most laypeople, and parties in medical malpractice cases will often rely on reports from medical experts to support their positions. Thus, the success of a plaintiff’s medical malpractice claim often hinges on which party’s expert offers a more compelling opinion. A plaintiff’s expert’s opinions must be based on fact and sound reasoning, however; otherwise, they will be deemed insufficient to demonstrate a defendant’s liability, as illustrated in a recent New York ruling issued in a proctology malpractice case. If you were harmed by a negligent proctologist, you should speak to a Syracuse proctologist malpractice attorney to discuss what evidence you must produce to recover damages.
The Plaintiff’s Harm
It is reported that the plaintiff suffered from rectal bleeding with bowel movements. He was subsequently diagnosed with hemorrhoids. He was then treated with the defendant, who ultimately recommended a hemorrhoidectomy. The defendant reported that the procedure went well, and all three of the defendant’s hemorrhoids were reduced. In the days that followed, however, the plaintiff began to experience rectal bleeding and fecal leakage. He eventually filed a medical malpractice lawsuit against the defendant, alleging he departed from the good and accepted practice of medicine, thereby causing the plaintiff to suffer harm. Following discovery, the defendant moved for summary judgment.
Establishing Liability in a Medical Malpractice Case
The court granted the defendant’s motion and dismissed the plaintiff’s complaint. The court explained that a plaintiff in a medical malpractice action must prove that the defendant deviated from the accepted community standards of the practice of medicine and that the deviation proximately caused the plaintiff’s harm. Continue Reading ›