Syracuse Medical Malpractice and Personal Injury Lawyer Blog
When families turn to doctors for surgery, they trust that medical decisions will be carefully weighed against the risks involved. If tragedy follows, they often seek answers in the courtroom. In malpractice litigation, however, it is not enough to suspect negligence; plaintiffs must prove it with qualified expert testimony that links a physician’s actions to the harm suffered. A recent ruling from a New York court shows how fragile malpractice claims can be when expert support is lacking. If you or a loved one has been harmed after surgery, it is essential to consult with a Syracuse medical malpractice attorney about what you can do to protect your rights.
Facts and Procedural History
It is reported that the plaintiff, as administratrix of the estate of the decedent, filed a malpractice action against the defendant surgeon following complications from an incarcerated incisional hernia repair performed in May 2018. During the procedure, the surgeon repaired the hernia and resected a portion of the bowel. Postoperatively, the decedent experienced infection, respiratory failure, and eventual decline.
Allegedly, the plaintiff’s expert, a general surgeon licensed in Illinois, California, and Missouri, testified that the defendant departed from the standard of care by proceeding with surgery rather than attempting conservative management in the 92-year-old patient. He also claimed the defendant later failed to properly evaluate a fluid collection on a CT scan, mislabeling it as a hematoma rather than an abscess.
It is alleged, however, that the expert conceded several key points. He acknowledged that surgery was appropriately performed, that bowel edema is a clinical sign supporting operative intervention, and that pathology confirmed edema and perforation, which would have required surgery in any event. He also admitted that distinguishing between a hematoma and an abscess on imaging can be difficult, and that the decedent was clinically improving at the time of the disputed CT findings. At the close of evidence, the defendant moved for a directed verdict.
Expert Testimony in Medical Malpractice Case
The trial court considered the defendant’s motion for a directed verdict under CPLR 4401, which allows dismissal when there is no rational process through which a jury could find in favor of the plaintiff. The court explained that to establish a prima facie case of malpractice, the plaintiff was required to present competent expert testimony demonstrating both a deviation from accepted standards of care and a causal link to the decedent’s injuries.
Ultimately, the court determined that the plaintiff’s expert was not qualified to opine on New York standards of care, as he failed to attest to familiarity with local, statewide, or national standards. Without this foundation, the expert’s testimony could not support the claim. Even assuming he had been qualified, the court found his conclusions speculative and contradicted by the medical records. For example, the pathology report confirmed findings consistent with surgery being indicated, and the decedent’s clinical course showed improvement prior to his aspiration event, which ultimately caused his death.
The death certificate listing sepsis as a cause of death did not alter the outcome, as the records showed the decedent had recovered from sepsis earlier in his hospitalization, and there was no evidence that infection caused the fatal aspiration. As such, the court concluded that the plaintiff failed to establish a prima facie case of malpractice, and it granted the defendant’s motion for a directed verdict, dismissing the complaint in its entirety.
Confer with a Capable Syracuse Medical Malpractice Attorney
Courts require plaintiffs to prove not only that a physician’s actions deviated from accepted standards, but also that the deviation caused the alleged harm. As such, malpractice claims can falter without credible, well-supported expert testimony. If you believe that you or a family member was harmed due to medical negligence, you should confer with an attorney regarding your possible claims. The capable Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can provide you with the guidance and expert resources needed to pursue justice. Contact us today at 833-200-2000 or online to schedule a free and confidential consultation.
