Pathology malpractice occurs when a physician fails to correctly assess a patient’s tissue or fluid sample. The result can delay a diagnosis or lead to the mistreatment of a patient’s medical condition. Often, the determination of whether the pathologist acted negligently turns on very technical details, which is why New York pathology malpractice claims generally require expert testimony to demonstrate the failure of a physician to exercise the requisite standard of care.
The plaintiff underwent a colonoscopy, and after the results came back, the plaintiff was referred to a specialist. The specialist recommended a surgical procedure to remove one side of the colon. The plaintiff consented to the surgery after being apprised of the risks, benefits, and alternatives of the proposed surgery. Following surgery, the pathology report found that the cancer was grade III and poorly differentiated with a maximal thickness of 1.2 cm. Later, the plaintiff complained of severe pain. The conditions suggested an anastomotic leak; however, the surgical pathology report noted no perforations. The leak was then repaired with staples and sutures. The plaintiff and her husband brought a lawsuit alleging medical malpractice.
New York medical malpractice summary judgment proceedings require that the defendant(s) use medical records and competent expert witnesses to show that the defendant(s) did not deviate from accepted medical practice in the treatment of the plaintiff or that the injury was not a proximate cause of the plaintiff’s injuries. The expert testimony must be supported by facts and tailored to the claims presented. Conclusory statements are insufficient to establish a claim, particularly at the summary judgment stage of proceedings.