Syracuse Personal Injury Law Blog
In medical malpractice cases, both parties will usually set forth expert affidavits in support of their respective positions. If one party’s expert report is found lacking, the court may enter judgment in favor of the other party. If both expert reports are supported by facts and evidence but conflict, however, it is likely that the case will have to proceed to trial, as illustrated in a recent New York ruling. If you were injured by a negligent physician, it is important to understand your rights, and you should speak with a Syracuse medical malpractice attorney at your earliest convenience.
Case Setting
It is alleged that the plaintiff received treatment from the defendant, a physician, at a hospital owned by the defendant healthcare company between September 2015 and May 2016. In October 2015, the defendant physician performed cataract removal surgery on the plaintiff’s right eye. Following the surgery, the plaintiff initiated legal action against the defendants, alleging medical malpractice, among other claims.
It is reported that the defendants sought summary judgment to dismiss the complaint, arguing that there was no departure from accepted medical practices or that any alleged deviation was not the proximate cause of the plaintiff’s injuries. The trial court denied the defendants’ motion for summary judgment concerning the medical malpractice claim. The defendants then filed an appeal.
Conflicting Expert Reports in Medical Malpractice Cases
On appeal, the court reviewed the case to determine whether the defendants had met the burden of establishing that there was no deviation from the accepted standard of care or that any such deviation did not cause the plaintiff’s injuries. The court reiterated that if the defendants successfully made this prima facie showing, the burden would then shift to the plaintiff to demonstrate the existence of a triable issue of fact, which could be done by providing an expert opinion that directly counters the defendants’ expert allegations.
In this case, the court found that the trial court had properly denied the defendants’ motion for summary judgment on the medical malpractice claim. The plaintiff had raised triable issues of fact by presenting an expert affidavit asserting that the defendant physician had deviated from accepted medical standards during the cataract surgery.
Specifically, the expert claimed that the defendant failed to use an eye solution that could have protected the plaintiff’s weakened cornea and failed to treat the plaintiff’s corneal edema or refer her to a cornea specialist in May 2016. These failures, according to the plaintiff’s expert, substantially contributed to the plaintiff’s injuries, including corneal decompensation and the need for a corneal transplant.
The court also rejected the defendants’ argument that the plaintiff had introduced a new theory of liability in opposition to their motion. Given the conflicting expert opinions presented by both parties, the court ruled that summary judgment was inappropriate, thereby affirming the trial court’s decision to allow the medical malpractice claim to proceed. The defendants’ other contentions were dismissed as without merit.
Talk to an Experienced Syracuse Medical Malpractice Attorney
If a doctor’s carelessness caused you harm, you have the right to pursue medical malpractice claims, and it is wise to talk to a lawyer as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse medical malpractice attorneys are proficient at proving negligent doctors should be held accountable, and if you hire us, we will advocate zealously on your behalf. You can reach us through our form online or by calling us at 833-247-8427 to arrange a meeting.