In New York, a plaintiff in a medical malpractice case will typically rely on expert testimony to prove the defendant should be held liable for the plaintiff’s harm. Only certain people are qualified to testify as experts, though. Further, even if experts possess the required qualifications, they may nonetheless be barred from testifying if their opinions are not based on facts or reliable science. In a recent opinion, a New York court discussed when an expert should be permitted to testify in a case in which the plaintiff asserted she suffered harm due to a negligently performed C-section. If you suffered harm during the birth of your child, you might be owed damages, and you should meet with a Rochester OB-GYN malpractice lawyer as soon as possible.
The Plaintiff’s Harm
It is alleged that the plaintiff gave birth to her son via C-section. Shortly thereafter, she showed signs of perforated bowels. The defendant performed a surgical diagnosis and repair of the perforation, and the plaintiff was discharged from the hospital eight days later. She had a follow-up appointment with the defendant a few weeks later and was scheduled to meet with him again in two weeks. Twelve days after her follow-up, though, she collapsed and was taken to the hospital, where she was found to be in septic shock. She underwent additional surgeries to treat the infection.
Reportedly, the plaintiff filed a medical malpractice lawsuit against the defendant. Prior to trial, the court ruled in the defendant’s favor on certain evidentiary matters, including a ruling that prohibited the plaintiff’s expert from testifying at trial on the grounds his testimony was speculative. The jury ruled in favor of the defendant, and the plaintiff appealed. Continue Reading ›