In New York, most medical malpractice cases require the plaintiff to hire one or more medical experts to explain key issues to the jury, including the manner in which the defendant caused the plaintiff’s harm. Defendants typically hire experts as well, and the outcome of the case often hinges on which expert the parties find more compelling. In some instances, a party’s expert evidence will be so strong that the case may be resolved prior to trial through summary judgment. As discussed in a recent New York case, though, summary judgment is not appropriate in cases in which the parties offer conflicting evidence. If you were hurt by the carelessness of a doctor, you should meet with a Syracuse medical malpractice lawyer to assess your possible claims.
The Facts of the Case
It is reported that the decedent presented to the defendant, his primary care physician, complaining that he could not taste, had a loss of appetite and lost ten pounds, and was experiencing vomiting and dizziness. At a subsequent visit two weeks later, the defendant diagnosed the decedent with anemia and, because he believed he had a neoplasm, referred him to specialists.
Allegedly, the decedent visited the specialists and underwent multiple tests but died one month after his initial visit. His cause of death was hypertensive cardiovascular disease. The plaintiff commenced a medical malpractice and wrongful death lawsuit against the defendant. The defendant moved for summary judgment, and his motion was granted. The plaintiff appealed. Continue reading