In most medical malpractice cases, both parties will retain medical experts to testify on issues like the applicable standard of care and causation. While experts typically practice in the same field as the parties named as defendants, they do not have to work in the same specialty to be qualified to offer testimony. This was explained in a recent New York opinion issued in a case arising out of the defendant’s mismanagement of a patient’s diabetes, which ultimately resulted in his death. If you lost a loved one due to the negligence of a primary care physician, you should speak to a Syracuse primary care malpractice attorney regarding your right to pursue damages.
The Decedent’s Harm
It is reported that the decedent was transferred from a hospital to the defendant rehabilitation facility. During his admission at the facility, he was cared for by the defendant physician. The decedent, who suffered from type II diabetes, soon began to experience significant symptoms due to his illness. The defendant physician failed to properly manage the decedent’s diabetes, however, and the decedent’s condition worsened.
Allegedly, the decedent ultimately died due to complications caused by his diabetes. The plaintiff, the decedent’s son, filed a medical malpractice case against the defendants, alleging their negligent treatment of the decedent caused his death. The defendants moved for summary judgment, arguing the plaintiff’s expert was not qualified to testify regarding the defendant physician’s management of the decedent’s diabetes. The trial court agreed and granted the motion. The plaintiff then appealed. Continue Reading ›