Medical malpractice lawsuits involve complex issues, and both injured parties and the healthcare providers that allegedly caused their harm must rely on expert testimony to prove their positions. While such testimony is generally permitted in medical malpractice cases, courts must act as gatekeepers to ensure that both the testimony and the expert proffering it meet the applicable standards. Recently, a New York court discussed the inquiry conducted when a party challenges the sufficiency of expert testimony in a surgical malpractice case in which the plaintiff sought to preclude the defendant’s expert. If you sustained losses because of the negligence of a doctor, you may be owed compensation, and you should meet a Rochester medical malpractice lawyer to discuss your claims.
Facts of the Case
It is alleged that the decedent was undergoing treatment for colon cancer when it was discovered that she had lesions on her liver. Her oncologist referred her to the defendant surgeon, who recommended that she undergo an ablation to eradicate the tumors. The defendant performed the procedure, after which the decedent began experiencing swelling and diminished blood flow to the liver. The decedent ultimately developed liver failure and passed away.
Reportedly, the plaintiff, the decedent’s husband, filed a lawsuit against the defendant asserting medical malpractice, wrongful death, and lack of informed consent claims. After discovery, the parties filed cross-motions; in the plaintiff’s motion, he asserted that the defendant’s medical expert should be precluded from testifying at trial. Continue reading