Medical malpractice cases are typically a battle between the party’s experts. As such, if the court prohibits a plaintiff’s expert from testifying, it can greatly impair their ability to establish liability. In some instances, though, a plaintiff may be able to successfully argue that their expert was improperly precluded from testifying, as shown in a recent opinion delivered in a New York medical malpractice case. If you suffered harm due to inadequate medical care, you might be owed compensation, and it is smart to meet with a Syracuse medical malpractice attorney as soon as possible.
Factual and Procedural History
It is reported that the plaintiff underwent a hysterectomy that was performed by the defendant. Following the surgery, she developed necrotizing fasciitis. She subsequently filed a lawsuit against the defendant, arguing that his negligent post-surgical care constituted medical malpractice. Prior to trial, the defendant moved to preclude the plaintiff’s expert from testifying regarding the cause of her infection. The court granted the motion, and the case proceeded to trial. The jury ultimately found in favor of the defendant, and the plaintiff appealed.
Grounds for Precluding Expert Testimony in Medical Malpractice Cases
On appeal, the plaintiff argued, among other things, that the trial court erred in barring her expert from offering testimony. The court agreed and ultimately reversed the trial court ruling and remanded the matter for further proceedings. In doing so, the court explained that each party must identify the person they intend to call to testify as an expert witness at trial, disclose the subject matter of their testimony, and offer their qualifications. Continue Reading ›