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Articles Posted in Pediatric Malpractice

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In many medical malpractice cases, whether the defendant is found liable for the plaintiff’s alleged harm hinges on the strength of the expert opinions set forth by each party. Recently, a New York appellate court discussed the role of expert reports in medical malpractice claims and how such reports should be evaluated in a case alleging pediatric malpractice. If your child was injured by a negligent care provider, you should speak with a capable Syracuse pediatric malpractice attorney regarding your potential claims.

Facts of the Case

It is reported that the plaintiff filed a medical malpractice case against two sets of defendants who were pediatric specialists from a medical center and from a hospital after her minor son suffered a significant brain injury due to bilateral tension pneumothoraxes. The medical center defendants filed a motion for summary judgment, asking the court to dismiss the plaintiff’s claims. The trial court denied the defendants’ motion, after which the defendants appealed. On appeal, the appellate court affirmed the trial court ruling.

Strength of Expert Opinions in New York Medical Malpractice Cases

In New York medical malpractice cases, a defendant seeking dismissal of the plaintiff’s claims via a motion for summary judgment must set forth factual proof that he or she complied with the applicable standard of care, or that even if the defendant departed from the standard of care, the departure did not harm the plaintiff. Typically, this is done through medical records, deposition testimony, and expert affidavits. If the defendant meets its burden, the plaintiff must then establish that a triable issue of fact exists, by setting forth an expert affidavit opining that the defendant deviated from the applicable standard of care and that the deviation caused the plaintiff’s harm.

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