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New York Court Examines Admissibility of Experts in Medical Malpractice Cases

In many instances, emergency C-sections are necessary to prevent children or mothers from suffering grave injuries. While C-sections can be life-saving procedures, post-surgical complications can arise that nonetheless cause harm. In many cases, such complications are the direct result of negligence and are grounds for pursuing medical malpractice claims. Expert testimony is generally necessary to support such claims, but as discussed in a recent New York opinion, experts must meet certain qualifications in order for their testimony to be admissible. If you sustained losses due to a careless doctor, you should confer with a Syracuse medical malpractice attorney regarding your rights.

Factual and Procedural Background

The plaintiffs, a married couple, filed a medical malpractice lawsuit against the defendants, including the United States, a health care provider, and a physician, following an injury sustained during post-partum care. The female plaintiff was admitted to the defendant healthcare facility in September 2017 for labor and underwent a C-section. During the post-operative care, as a resident physician attempted to remove surgical dressing tape, a significant amount of the plaintiff’s skin was removed with the tape, resulting in severe injuries, including permanent scarring.

Reportedly, the plaintiffs alleged that the defendants deviated from the appropriate standard of care in treating the female plaintiff, causing these injuries. They also claimed that the defendants failed to consult specialists, listen to the plaintiff’s complaints, and provide adequate post-partum care. The plaintiffs sought damages for the injuries and a loss of consortium claim. The case proceeded through discovery, and the parties filed cross-motions in limine to exclude the testimony of several expert witnesses.

Admissibility of Expert Witnesses in Medical Malpractice Cases

The court evaluated the admissibility of expert witness testimony under Rule 702 of the Federal Rules of Evidence. The plaintiffs sought to preclude the testimony of two of the defendants’ medical experts, while the defendants sought to exclude the plaintiffs’ expert. The court first examined whether the testimony of the defendants’ medical experts, including an obstetrician-gynecologist and another physician, met the qualifications and reliability standards under Rule 702. The court found that the gynecologist, despite lacking specific expertise in skin injuries, had extensive experience in post-Caesarean care, making her qualified to testify. Similarly, the other physician’s experience in obstetrics and gynecology was deemed relevant to the case, even though she lacked specific familiarity with certain skin injury classifications. The court rejected the plaintiffs’ challenges, ruling that both experts’ testimony was admissible.

The court also reviewed the qualifications of the plaintiffs’ expert, a plastic surgeon, who testified about the standard of care in treating skin injuries resulting from the improper removal of medical tape. The defendants argued that the plaintiff’s expert lacked the necessary obstetrics expertise. However, the court found that his experience in wound care and surgical adhesives was directly relevant to the issue of skin injuries in the case. The court concluded that plaintiff’s expert’s testimony was reliable and admissible.

Ultimately, the court denied all motions to exclude the experts’ testimonies, allowing each party’s experts to testify at trial. The court emphasized that any concerns about the credibility or bias of the witnesses could be addressed through cross-examination.

Talk to a Dedicated Syracuse Medical Malpractice Attorney

If you suffered losses because of negligent medical care, you have the right to seek damages in a medical malpractice case, and you should talk to an attorney. The dedicated Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers have ample experience holding reckless healthcare providers accountable for the harm they cause, and we can aid you in the pursuit of justice. You can contact us at 833-200-2000 or through the online form to set up a meeting.

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