Medical malpractice claims in New York often hinge on whether expert testimony establishes both a deviation from accepted medical standards and causation. If a defendant offers competent expert evidence showing that care was appropriate and that no harm resulted from any alleged error, the burden shifts to the plaintiff to offer a meaningful rebuttal. A recent decision from a New York court demonstrates this principle, as the court upheld the dismissal of a case involving postoperative complications, finding that the plaintiff’s opposition lacked the necessary expert support to proceed. If you suffered harm after surgery and believe your care was mishandled, it is critical to consult an experienced Syracuse medical malpractice attorney to protect your rights.
History of the Case
It is reported that the plaintiff underwent surgery for the removal of a tumor located on his adrenal gland. The procedure was performed by the defendant surgeon, who was employed by a university-affiliated hospital. Following the operation, the plaintiff developed complications, including a hematoma and nerve damage, which allegedly caused ongoing pain and functional limitations.
It is alleged that the plaintiff filed a medical malpractice lawsuit against the defendant surgeon and his employer, asserting that the defendants failed to properly perform the adrenalectomy and failed to adequately manage his postoperative condition. The complaint alleged that this conduct fell below the applicable standard of medical care and directly resulted in the plaintiff’s injuries. Continue Reading ›