Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Expert testimony is a key component of medical malpractice cases and is often needed to demonstrate negligence and causation. While experts must meet certain qualifications, they do not have to be specialists in the field about which they are testifying but can show their credentials via training and experience, as shown in a recent New York case. If you were harmed because of the carelessness of a doctor, you should talk to a Syracuse medical malpractice lawyer regarding your potential claims.
Factual Setting and Procedural History
It is reported that the decedent visited an urgent care clinic operated by the defendant facility, complaining of intermittent joint pain in her upper extremities over the past three days. The decedent, who had a history of high blood pressure and thyroid disease, was examined by the defendant physician at the defendant facility, who referred her to a rheumatologist. On September 11, 2014, the decedent visited her long-time physician, the defendant allergist. She complained of not feeling well for two weeks, including a burning sensation in her arms, hot flashes, and weakness. The defendant physician had been managing her conditions with medication and ordered blood tests.
Allegedly, hours after this visit, the decedent suffered a fatal heart attack. An autopsy determined that the cause of death was arteriosclerotic heart disease with thrombosis of the right coronary artery and myocardial infarction. The plaintiff filed a medical malpractice lawsuit against the defendants. Following discovery, the defendants moved for summary judgment, arguing they adhered to good medical practice and that any alleged departure did not cause the decedent’s death. The trial granted the defendants’ motions for summary judgment, dismissing the causes of action for medical malpractice and wrongful death. The plaintiff then appealed the decision.
Expert Qualifications in Medical Malpractice Cases
Upon review, the court found that the defendants had established their entitlement to summary judgment by providing testimonial, documentary, and expert evidence showing they adhered to accepted medical practices when treating the decedent.
However, the court noted that the defendants’ expert opinions regarding the lack of proximate cause were conclusory and insufficient to establish that any departures from standard care did not lead to the decedent’s injuries and death. The plaintiff, in opposition, presented an expert’s redacted affirmation, which raised triable issues of fact. The plaintiff’s expert opined that the defendants departed from the standard of care by failing to conduct a proper differential diagnosis and perform an echocardiogram.
The court found that the expert was qualified to render an opinion on the diagnosis and treatment of heart disease based on their extensive experience in internal medicine and primary care. The expert’s opinion was deemed reliable and supported by a sufficient foundation, as it was based on their knowledge and experience. Consequently, the court reversed the trial court’s order granting summary judgment in favor of the defendants, allowing the medical malpractice and wrongful death claims to proceed.
Meet with a Trusted Syracuse Medical Malpractice Attorney
If you were injured by careless medical professionals, you may be able to recover compensation via medical malpractice claims, and you should meet with an attorney. The trusted Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are dedicated to helping victims of medical malpractice seek justice, and if we represent you, we will fight tirelessly on your behalf. You can contact us at 833-200-2000 or through the online form to set up a conference.
