Wednesday, May 8, 2013

Expert testimony and liability in a medical malpractice action.

Practice point: Liability is not supported by an expert offering only conclusory assertions and mere speculation that the condition could have been discovered and successfully treated had the doctors not deviated from the accepted standard of medical practice.

Student note: Failing to investigate an otherwise unindicated disease is not malpractice.

Case: Curry v. Dr. Elena Vezza Physician, P.C., NY Slip Op 03163 (1st Dept. 2013).

 Here is the decision.

Tomorrow's issue: Disqualification during litigation.