To successfully prove medical malpractice under New York law, an injured party must show that his or her medical provider deviated from the accepted standard of care, and the deviation was the cause of any harm alleged. In almost all medical malpractice cases, the opinion of one or more experts is needed to show the standard of care, whether there was any deviation from the standard, and whether the deviation was the cause of the injured party’s harm. In cases where both the injured party and medical provider introduce expert testimony supporting their position, it is up to the jury to assess which evidence is more compelling.
As recently illustrated in a case decided by the Appellate Division of the Supreme Court of New York, a court will not overturn the jury’s findings absent clear evidence to the contrary. If you or a loved one was injured due to insufficient medical care, you should consult a skilled Rochester medical malpractice attorney to discuss whether you may be able to recover compensation from the negligent providers.
Reportedly, the infant plaintiff’s mother, on behalf of the plaintiff and herself, instituted a case against the defendant obstetrician alleging that negligent care provided during the infant plaintiff’s birth caused brain injuries and permanent neurocognitive damage. Specifically, it was alleged that the defendant obstetrician improperly used a vacuum extraction method to deliver the infant plaintiff. Following a trial, a jury found in favor of the plaintiffs. The defendant appealed, arguing the verdict was against the weight of the evidence. On appeal, the court affirmed.