Expert testimony is a key component of New York medical malpractice lawsuits, and the strength of an expert’s opinion can make or break a plaintiff’s case. A plaintiff must provide the defendant with information regarding their expert and the expert’s proposed testimony prior to trial, however, to allow the defendant to formulate rebuttal testimony. If the plaintiff refuses to do so, they could face significant sanctions, as illustrated in a recent New York opinion issued in a birth injury case. If your child suffered harm at birth due to the negligence of a physician, it is in your best interest to meet with a Rochester birth injury attorney to discuss what claims you may be able to pursue.
Factual and Procedural Background of the Case
It is reported that in April 2018, the plaintiff initiated a birth injury lawsuit against the defendant, claiming that medical malpractice committed by the defendant’s staff during her daughter’s birth in 2017 caused her to suffer permanent harm. The defendant answered the plaintiff’s complaint and, in May 2018, requested a bill of particulars. The parties then proceeded to go through several exchanges during which the defendant sought further particulars and expert disclosures and was ultimately dissatisfied by the alleged lack of detail and substance in the plaintiff’s responses.
Allegedly, the defendant moved to preclude the plaintiff’s expert testimony and evidence, and the court granted its motion, finding the plaintiff’s counsel’s conduct to be willful and contumacious. The court subsequently granted the defendant’s motion for summary judgment, dismissing the complaint. The plaintiff appealed. Continue Reading ›