Medical malpractice lawsuits often are reduced to a battle between the experts. In other words, whether a defendant is deemed liable for medical negligence typically depends on which expert’s testimony the judge or jury finds more compelling. In some instances, however, the parties are denied the chance to present their expert opinions to the jury, as their cases are dismissed via summary judgment.
As a persuasive expert report is necessary to obtain a favorable outcome, it is also required to survive a defendant’s motion for dismissal of the plaintiff’s claims, and where a plaintiff’s expert report demonstrates there are factual issues that must be resolved via a trial a court will deny a motion for summary judgment. This was explained in a recent New York opinion in a case arising out of hospital malpractice. If you sustained injuries due to negligent care rendered in a hospital, it is smart to speak to a Rochester medical malpractice lawyer to determine what damages you may be able to recover.
History of the Case
Reportedly, the plaintiff’s decedent underwent surgery at the defendant hospital. During the procedure, a doctor that worked for the defendant catheterized the decedent. At some point during his admission, a nurse employed an improper method to change the catheter, causing the decedent to suffer harm to his prostate and urethra, which led to hemorrhaging and other damages. Continue reading