In New York, whether a medical malpractice case is successful typically hinges on whether the judge or jury finds either party’s expert reports to be adequate or compelling. As such, both plaintiffs and defendants will often argue the opposing party’s expert reports are deficient, or that their expert lacks the qualifications needed to offer an opinion. Recently, a New York court discussed the sufficiency of expert reports in a case in which the plaintiff alleged he suffered harm due to hospital malpractice. If you were hurt by incompetent care in a hospital, you should meet with a Syracuse hospital malpractice lawyer to determine your options for seeking damages.
The Plaintiff’s Allegations
It is reported that the plaintiff was admitted to the defendant hospital multiple times between April and July 2008. During his admissions, he developed lesions and decubitus ulcers on his legs, knees, and other areas of his body, which he asserted were caused by the negligence of the defendant’s employees. Thus, he filed a lawsuit against the defendant, seeking compensation for his harm which he asserted was caused by medical malpractice.
Allegedly, after the parties exchanged expert reports, the defendant moved for summary judgment. The plaintiff opposed the motion on the grounds that the defendant’s expert lacked the qualifications to offer an expert opinion, but the court granted it, dismissing the plaintiff’s claims. The plaintiff then appealed. Continue reading