Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Under New York law, the burden shifts in medical malpractice cases from the plaintiff to the defendant, who must prove that he or she is entitled to judgment as a matter of law. If the defendant meets this burden, the case will be dismissed, unless the plaintiff produces sufficient evidence to establish an issue of fact exists as to whether the defendant committed malpractice. Recently, in a case in which the plaintiff alleged that her son was harmed by urological malpractice, a New York appellate court analyzed what constitutes sufficient evidence to raise a triable issue of fact. If you were harmed by urology malpractice it is essential to engage a knowledgeable Syracuse urology malpractice attorney to assist you in pursuing a claim for damages.
Factual and Procedural Background
It is reported that the plaintiff mother took the plaintiff son to the emergency room due to complaints of pain. He was later diagnosed with testicular torsion and lost his right testicle. The plaintiffs subsequently filed a malpractice lawsuit against the urologist who treated plaintiff son in the emergency room, alleging that the failure to properly diagnose and treat the plaintiff son caused the loss of his right testicle. The defendant moved for summary judgment. In response, the plaintiffs submitted an affidavit of a Connecticut physician certified in pediatric emergency medicine.
It is alleged that the court found that the plaintiffs’ expert affidavit was insufficient to establish a triable issue of fact and granted the defendant’s motion. Specifically, the court stated that the plaintiffs’ expert was not qualified to opine on urological care and that he failed to establish that the standards of care in Connecticut were the same as those in New York. The plaintiffs appealed.
