New York medical malpractice cases typically hinge on the sufficiency of each party’s expert testimony. If a party fails to provide an expert report, or his or her expert reports are deemed inadmissible, it can have a devastating effect on the party’s position. In a recent OB-GYN malpractice case in which the plaintiff alleged her child suffered harm due to negligent pre-natal care, the Appellate Division of the Supreme Court of New York addressed the impact of orders limiting the admissibility of evidence on both parties. If your child suffered an injury due to inadequate medical care during your pregnancy it is essential to meet with a capable Syracuse OB-GYN malpractice attorney to discuss the facts of your case and to develop a plan for seeking damages for your child’s harm.
Allegedly, the plaintiff mother began suffering pregnancy complications, including bleeding and leaking fluid, when she was twenty-five weeks pregnant. She was referred to the defendant obstetrician-gynecologist, who examined her and scheduled a follow-up appointment. Prior to the next appointment, the plaintiff mother once again began bleeding and therefore went to the emergency room. She was subsequently transferred to another hospital, where she went into labor. Because the plaintiff infant was in a breech position, he was delivered via a cesarean section.
Reportedly, the plaintiff mother was twenty-eight weeks pregnant at the time of the plaintiff infant’s birth. The plaintiff infant was diagnosed with cerebral palsy. The plaintiffs subsequently filed a lawsuit against the defendant obstetrician gynecologist, alleging his malpractice caused the plaintiff infant to suffer severe and permanent injuries. The defendant filed a motion for summary judgment, which the court denied, finding there were triable issues of fact. The defendant then filed a motion to deem the plaintiff’s expert witnesses’ testimony inadmissible. The court denied that motion and the defendant appealed.