Syracuse Personal Injury Law Blog
When families consent to medical treatment, they do so with the expectation that doctors will both follow accepted standards of care and provide clear information about the risks involved. A failure in either respect can have devastating consequences and often leads to medical malpractice lawsuits. Yet such cases are not won by suspicion alone; courts demand solid evidence and credible expert testimony to establish liability. A recent ruling from a New York court shows how quickly a case can collapse when a plaintiff’s expert opinion is deemed speculative or unsupported. If you or a loved one has suffered harm after treatment, you should consult a Syracuse medical malpractice attorney.
Case Setting
It is reported that the plaintiff, individually and as administrator of the decedent’s estate, brought an action alleging medical malpractice and lack of informed consent against multiple defendants, including a physician who provided testosterone therapy. The plaintiff claimed that this treatment contributed to the decedent’s decline and death.
Allegedly, the defendant physician moved for summary judgment to dismiss the claims against him, arguing that his care met accepted standards and that the decedent had been properly informed of the risks of testosterone therapy. He also sought, in the alternative, to preclude portions of the plaintiff’s expert’s testimony. The trial court denied the defendant’s motion in September 2023, permitting the claims to proceed. The defendant appealed.
Sufficiency of Expert Opinions in Medical Malpractice Cases
On appeal, the court began by restating the burden on a physician moving for summary judgment in a malpractice case. A defendant must demonstrate either that there was no departure from accepted medical practice or that any departure did not cause the patient’s injuries. Once that showing is made, the burden shifts to the plaintiff to raise a triable issue of fact with competent expert evidence.
In the subject case, the court found that the defendant physician met his burden through medical records and expert affidavits establishing that the testosterone therapy was appropriate and consistent with accepted standards. He also presented evidence that the decedent had been advised of foreseeable risks, addressing the informed consent claim.
In opposition, however, the plaintiff relied on an expert opinion that the court found speculative and unsupported by the record. Because conclusory or speculative opinions are insufficient to create a triable issue, the court held that the plaintiff failed to meet the burden of rebuttal. The court therefore reversed the trial court’s order and granted summary judgment dismissing the claims against the physician.
Discuss Your Case with an Experienced Syracuse Medical Malpractice Attorney
Plaintiffs in medical malpractice cases must present opinions grounded in specific facts and supported by the record, or risk having their claims dismissed before trial. If you or a loved one has suffered harm following medical treatment and you are considering legal action, it is in your best interest to talk to an attorney. The experienced Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers have the knowledge and resources necessary to build a strong case, and we can help you seek the results you deserve. Contact us today at 833-200-2000 or online to schedule a free and confidential consultation.