In New York, medical malpractice cases are often a battle of the experts. In other words, whether a plaintiff’s claims are ultimately successful or dismissed depends on the strength of the expert affirmations of both the plaintiff and the defendant. An expert report must not only be compelling, however, but it must also be based on competent information. The risks of relying on unsupported facts were demonstrated in a recent ruling out of New York in which the court affirmed the dismissal of the plaintiff’s hospital malpractice case due to the insufficiencies of the plaintiff’s expert’s report. If you or a loved one suffered harm due to negligent care in a hospital, you should meet with a Syracuse hospital malpractice attorney to discuss your case.
The Patient’s Care
It is reported that the plaintiff’s decedent, who was HIV positive, visited the emergency room of the defendant hospital with complaints of abdominal pain, nausea, and vomiting. He was in critical condition and was admitted to the intensive care unit. He was diagnosed with a small bowel obstruction, sepsis, and renal and respiratory failure. He was placed on a ventilator and underwent abdominal surgery, after which he was administered several doses of morphine.
Allegedly, the day after the surgery, the plaintiff’s decedent died. His death certificate listed cardiac arrest due to septic shock caused by a small bowel obstruction as the cause of death. The plaintiff filed a medical malpractice lawsuit against the defendant, alleging incompetent medical care caused the decedent’s death. The defendant filed a motion for summary judgment, which the court granted, and the plaintiff appealed.