Medical malpractice cases are typically complex, and the issue of whether a health care practitioner departed from the accepted standard of care typically fall outside of the understanding of the average person. Thus, in most medical malpractice lawsuits, the plaintiff will have to rely on expert testimony to establish liability. The importance of an expert affidavit was highlighted in a recent primary care malpractice case in which the court dismissed the plaintiff’s claims due to the fact the plaintiff failed to produce an expert report. If you or a loved one sustained damages because of incompetent medical treatment, it is advisable to confer with a seasoned Rochester primary care malpractice attorney to discuss what compensation you may be able to recover in a civil lawsuit.
Allegedly, the plaintiff, who suffers from diabetes, visited a federally funded health center where he was seen by the defendant physician and a lab technician for medication refills and a general examination. During the plaintiff’s visit, he was alert and oriented and did not note any concerns, such as dizziness, lightheadedness, or compromised vision. As such, no one obtained a reading of the plaintiff’s glucose level during the visit, but the defendant physician ordered blood work that would test the plaintiff’s glucose levels over a three-month period. The plaintiff underwent the test the following day, after which he was discharged from the health center.
It is reported that after the plaintiff was discharged, he was involved in a motor vehicle collision. It was subsequently revealed that the plaintiff’s blood sugar level was below normal, and the plaintiff asserted that he blacked out during the accident due to low blood sugar. He subsequently filed a medical malpractice case against the defendants, seeking damages for the harm caused by the defendant physician’s alleged negligence. The defendants filed a motion for summary judgment, asking the court to dismiss the plaintiff’s claims.