One of the key components of medical malpractice cases is the standard of care. Specifically, a plaintiff must establish that applies to the allegedly negligent health care provider and provide expert testimony explaining the manner in which the defendant breached the standard. In cases in which the parties produce conflicting evidence regarding what standard applies, the jury is free to accept either party’s assertion. As discussed in a recent opinion issued in a New York radiology malpractice case, the adoption of one expert’s opinion over the other may not constitute grounds for reversal. If you were harmed while undergoing diagnostic imaging, it is wise to speak to a skilled Syracuse medical malpractice lawyer to discuss your rights.
The Plaintiff’s Harm
Allegedly, the plaintiff underwent a diagnostic imaging test at the defendant hospital. Prior to the test, an IV was placed in her hand, and during the test, CT contrast media was administered to her at a rate of 1.3 ccs pers second. The contrast media subsequently leaked from her veins into her surrounding tissues, causing her to suffer numerous complications, including compartment syndrome, which required a surgical repair.
It is reported that she subsequently filed a medical malpractice lawsuit against the defendant hospital and the defendant radiologist who administered the test. As to the defendant radiologist, she alleged that he deviated from the standard of care by administering the contrast media at a flow rate higher than 1.0 ccs per second. At trial, the parties submitted conflicting expert testimony regarding what was required under the applicable standard of care. The jury ultimately found in favor of the defendant, and the plaintiff appealed. Continue reading