In medical malpractice cases it is essential that the injured party pleads with specificity the injury that he or she sustained. If this is not done then the person who allegedly committed the malpractice is most likely going to move for summary judgment and it is going to be granted by the court. Â In medical malpractice cases the injured party claims that he or she was injured due to a medical professionalâ€™s negligence. Also in medical malpractice cases both sides usually present expert testimony to show that the medical professional departed from the reasonable standard of care from another professional in the same position, hence the medical professional is responsible for the injury.
In medical malpractice cases where there are conflicting statements from the experts presented, summary judgment is denied as reported by the New York Law Journal in a May 16, 2013 news article. One the one hand while the injured party alleges that the medical professional did not follow the standard of care on the other hand the medical professionalÂ will argue that the injury could not have been anticipated. Also, the medical professional must be able to show that he or she was not the cause of the injury in order for the case to be dismissed. If this is not done by the medical professional, then the case proceeds to trial.
We at the Law Offices of Jayson Lutzky, P.C. can provide you with the information you need on if you have been injured, and how this will affect the interests of the parties in an accident claim. If you have been injured due to someone elseâ€™s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial consultation or visit our website at www.MyNewYorkCityLawyer.com.