Sadly, many people seeking care in the emergency room of a hospital ultimately suffer devastating harm. The mere occurrence of a catastrophic injury does not necessarily prove medical malpractice has occurred, though. Instead, a plaintiff seeking damages for medical negligence must produce an expert report showing that the evidence of record supports the claims alleged. Plaintiffs that fail to produce expert testimony that adequately demonstrates malpractice may have their claims dismissed, as demonstrated in a recent New York opinion. If you sustained damages because of the negligence of an emergency room doctor, you might be able to recover compensation, and it is advisable to meet with a dedicated Rochester emergency room malpractice lawyer to assess your possible claims.
The Plaintiff’s Care
Allegedly, the plaintiff visited the defendant’s emergency department for the treatment of what appeared to be a transient ischemic attack. He was evaluated and discharged the following day. A week later, he suffered a stroke. He then filed a medical malpractice lawsuit against the defendant, alleging that the care he was provided in the emergency room was negligent and resulted in his subsequent harm. After discovery was completed, the defendant moved for summary judgment. The plaintiff opposed the motion, but the court granted it regardless. The plaintiff then appealed.
Evidence Needed to Prove Medical Malpractice
A defendant moving for summary judgment in a medical malpractice case must establish, prima facie, that there was no deviation from the standard of care accepted in the community or that any departure that occurred did not proximately cause the plaintiff’s alleged injuries. In turn, the plaintiff must demonstrate that a triable issue of fact exists on one or more of the elements on which the defendant has made a prima facie showing.
The court went on to note that plaintiffs’ experts’ opinions must address specific allegations made by the defendant’s expert and must support their opinions with evidence of record and an explanation of their reasoning, otherwise, their opinions may be deemed conclusory or speculatory. In the subject case, the court first noted that the defendant sufficiently demonstrated it was entitled to judgment as a matter of law by producing an expert report stating that there was no deviation from the standard of care and that any purported deviation did not cause the plaintiff’s harm. In response, however, the plaintiff produced an expert report that contradicted the facts in the evidence of record. Thus, the court found that the opinion was conclusory at best and failed to demonstrate that a jury trial was required.
Speak to a Knowledgeable Malpractice Attorney in Rochester
Children are unfortunately often the victims of medical malpractice, and in some instances, the harm they suffer is fatal. If your child was injured due to the negligent care provided by a medical professional, you may be able to recover damages via an emergency room malpractice claim, and it is advisable to speak to a lawyer. The seasoned medical malpractice attorneys of DeFrancisco & Falgiatano, LLP Personal Injury Lawyers are skilled at aiding people harmed by careless medical professionals in the pursuit of damages, and if you hire us, we will work diligently to help you seek the full amount of damages recoverable under the law. You can reach us via our online form or at 585-653-7343 to set up a conference.