New York Court Dismisses Medical Malpractice Case Due to Insufficient Evidence

To avoid liability in a medical malpractice case in the New York court system, the medical care provider must prove that he or she did not deviate from the accepted standards of care and practice. The plaintiff can refute this claim by producing an expert who will testify that the provider did, in fact, deviate from the accepted standard for care, and the deviation caused the plaintiff’s harm. If the plaintiff is unable to produce an expert to testify with a reasonable degree of certainty that the provider breached the standard of care, the plaintiff’s case will be dismissed, as shown in a recent case in the New York courts, in which the plaintiff alleged he was injured during a colonoscopy. If you were injured during a standard medical procedure, you should speak with a seasoned Syracuse medical malpractice attorney to analyze whether you may be able to seek damages from the negligent care provider. Factual Background It is alleged that the plaintiff underwent…

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