In many instances, when a patient suffers complications following a surgery it is because the surgery was improperly performed. In such cases, the surgeon could be held liable for medical malpractice. If a person who develops an issue after a procedure wishes to pursue claims against the doctor that performed the procedure, though, the individual must obtain testimony from a competent expert to establish that the adverse health effects arose out of medical incompetence, otherwise they may be denied the right to recover damages. This was demonstrated in a ruling recently issued by a New York court, in a case in which the defendant argued the plaintiff’s harm was not caused by medical negligence and the court agreed. If you sustained losses because of an inappropriately performed surgery, it is smart to speak to a Syracuse surgical malpractice attorney to determine what evidence you must produce to recover damages.
The Plaintiff’s Harm
It is reported that the plaintiff underwent a right knee replacement in February 2012, that was performed by the defendant orthopedic surgeon. His wound healed slowly, and he later underwent a second surgery which was performed by the defendant orthopedic surgeon to maintain the hardware that had been placed during the first procedure. The defendant plastic surgeon also performed a procedure at that time.
It was reported that the plaintiff then developed pain and range of motion issues and underwent a total knee replacement two years later. He then filed a medical malpractice lawsuit against the defendants, arguing their negligence led to complications that required the knee replacement. The defendants filed motions asking the court to dismiss the plaintiff’s claims via summary judgment. The court denied the motions and the defendants appealed. Continue reading