Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Medical malpractice claims in New York often hinge on whether expert testimony establishes both a deviation from accepted medical standards and causation. If a defendant offers competent expert evidence showing that care was appropriate and that no harm resulted from any alleged error, the burden shifts to the plaintiff to offer a meaningful rebuttal. A recent decision from a New York court demonstrates this principle, as the court upheld the dismissal of a case involving postoperative complications, finding that the plaintiff’s opposition lacked the necessary expert support to proceed. If you suffered harm after surgery and believe your care was mishandled, it is critical to consult an experienced Syracuse medical malpractice attorney to protect your rights.
History of the Case
It is reported that the plaintiff underwent surgery for the removal of a tumor located on his adrenal gland. The procedure was performed by the defendant surgeon, who was employed by a university-affiliated hospital. Following the operation, the plaintiff developed complications, including a hematoma and nerve damage, which allegedly caused ongoing pain and functional limitations.
It is alleged that the plaintiff filed a medical malpractice lawsuit against the defendant surgeon and his employer, asserting that the defendants failed to properly perform the adrenalectomy and failed to adequately manage his postoperative condition. The complaint alleged that this conduct fell below the applicable standard of medical care and directly resulted in the plaintiff’s injuries.
It is further reported that the defendants moved for summary judgment to dismiss the claims. In support of their motion, they submitted expert medical testimony stating that the surgical procedure was performed in accordance with accepted practices and that the development of the hematoma and associated nerve damage were known risks of the surgery, not evidence of negligence. The expert further opined that the postoperative care provided by the defendants met the standard of care and did not contribute to any worsening of the plaintiff’s condition. The court ultimately granted the defendants’ motion and the plaintiff appealed.
Demonstrating Triable Issues of Fact in Medical Malpractice Cases
On appeal, the court affirmed the trial court’s grant of summary judgment in favor of the defendants, emphasizing the plaintiff’s failure to raise a triable issue of fact. In New York, a defendant moving for summary judgment in a medical malpractice case must demonstrate, through expert evidence, either that there was no deviation from accepted practice or that any deviation did not cause the plaintiff’s injuries.
Once this burden is met, the plaintiff must respond with expert proof establishing that the defendants indeed departed from accepted standards of care and that the departure was a proximate cause of the injuries. Here, the court found that the defendants satisfied their initial burden by offering a detailed and competent expert affidavit addressing all aspects of the surgical and postoperative care.
In contrast, the court held that the plaintiff failed to provide a sufficiently detailed or persuasive rebuttal. The plaintiff’s expert did not adequately contest the defense expert’s conclusions regarding the nature of the complications or the appropriateness of the care provided. The court found that the plaintiff’s opposition was speculative and conclusory, and failed to explain how any specific act or omission by the defendants caused or contributed to the harm. Because the plaintiff did not present a triable issue of fact regarding either negligence or causation, the court affirmed dismissal of the complaint.
Speak with a Dedicated Syracuse Medical Malpractice Attorney
Medical malpractice litigation requires a strong evidentiary foundation and persuasive expert testimony. When plaintiffs cannot rebut a well-supported defense showing of proper care, their claims may be dismissed before trial. If you have experienced serious complications following surgery or medical treatment, the skilled Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers are here to help you understand your rights and options. Call us at 833-200-2000 or contact us online to schedule a free and confidential consultation. We represent clients in Syracuse, Rochester, and throughout Upstate New York.
