In Medical Malpractice Case Arising from Pelvic Surgery, New York Appellate Court Says Summary Judgment to Defendants Was Proper

In a New York medical malpractice lawsuit, the burden of proof is on the plaintiff to prove four separate and distinct elements: that the defendant healthcare provider owed a certain standard of care to the plaintiff patient, that this duty was breached, that the plaintiff suffered damages, and that the defendant’s breach of the duty of care was the proximate cause of the plaintiff’s damages. The plaintiff must provide expert testimony as to each of these elements. In the absence of such proof, the plaintiff’s case will fail, and judgment will be entered for the defendant. Facts of the Case In a recent case, the plaintiff was a woman who filed a medical malpractice lawsuit against the defendant medical providers, claiming that she had suffered personal injuries due to the defendants’ negligence in performing pelvic surgery. In response, the defendants submitted evidence that they alleged showed that the plaintiff’s injury was due to a known risk…

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