Rochester Medical Malpractice and Personal Injury Lawyer Blog
Vasectomies are routine surgeries that are generally completed without complications. Thus, if issues arise after a procedure, it could be due to medical malpractice. A plaintiff alleging a negligently performed vasectomy caused him to suffer harm must generally obtain an expert to testify that the defendant departed from the accepted standard of care. Only certain people can offer expert testimony, though, and opinions offered by ill-equipped individuals are likely to be disregarded. In a recent New York opinion in a case arising out of an improperly performed vasectomy, the court discussed expert qualifications. If you were hurt because of a careless urologist, it is in your best interest to consult a capable Rochester urology malpractice attorney to discuss your possible claims.
The Plaintiff’s Harm
Allegedly, the plaintiff underwent two vasectomy procedures, which were performed by the defendant. Following the procedures, the plaintiff suffered a variety of injuries, such as severe and chronic pain in his testicles. As such, he filed a lawsuit against the defendant, seeking damages for medical malpractice. The defendant moved for summary judgment, but the trial court denied his motion. He appealed the trial court ruling, which was affirmed on appeal.
Qualifications to Testify as an Expert
On appeal, the defendant argued, in part, that the plaintiff’s expert did not set forth an adequate basis for his or her qualifications. Although the plaintiff’s expert was anonymous, the court noted that the report stated that the expert was a doctor licensed to practice in the United States, was a former Chief of Urology, had board certification in urology, and was a fellow in the American College of Surgeons.
Based on the foregoing, the court found that the affidavit submitted established that the expert’s specialized skills, which were demonstrated by the aforementioned board certifications, along with the nature of the subject matter of the case, were sufficient to support the assumption that the expert’s opinion regarding the plaintiff’s treatment was reliable. The court went on to note that the defendant set forth prima facie evidence that he did not deviate from the standard of care and that any deviation did not cause the plaintiff’s harm.
In turn, however, the plaintiff’s expert report stated that the plaintiff’s ongoing issues were not recognized consequences of vasectomies but were instead the result of a negligently performed procedure. Thus, the court found that the respective affidavits presented a battle of the experts, and therefore, summary judgment was precluded. As such, the court affirmed the trial court ruling.
Meet with a Capable Malpractice Attorney
When a man suffers ongoing pain or other complications following a routine vasectomy, it may be due to urology malpractice. If you were hurt following treatment by a urologist, it is prudent to meet with a lawyer to assess your options. The capable medical malpractice attorneys of DeFrancisco & Falgiatano, LLP Personal Injury Lawyers are adept at gathering the evidence needed to prove the liability of negligent doctors, and if you hire us, we will advocate tirelessly on your behalf. You can contact us via our form online or at 833-200-2000 to schedule a conference.
