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THE EXPERT AFFIDAVITS SUBMITTED ON BEHALF OF THE DEFENDANTS IN THIS MEDICAL MALPRACTICE ACTION DID NOT ADDRESS ALL THE ALLEGATIONS OF NEGLIGENCE; DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the expert affidavits in this medical malpractice action did not address all the allegations of negligence and were otherwise deficient. Therefore defendants’ motions for summary judgment should not have been granted:

The Koyfman defendants’ expert failed to address specific allegations of negligence asserted against the Koyfman defendants … , failed to address conflicting evidence in the record … , and failed to eliminate issues of fact as to the cause of the decedent’s injuries…. . …

… [Defendant] ORMC’s expert merely summarized the medical records and certain deposition testimony, and opined in a conclusory manner that Solomon did not depart from good and accepted medical practice in rendering treatment to the decedent and did not proximately cause her injuries … .. Moreover, ORMC’s expert failed to address specific allegations of negligence asserted against [defendant] Solomon … .Martinez v Orange Regional Med. Ctr., 2022 NY Slip Op 01780, Second Dept 3-16-22

Practice Point: At the summary judgment stage, medical malpractice actions are determined by the expert affidavits. If a party’s expert does not address all the allegations of negligence, that party’s motion for summary judgment will be denied without the need to even consider the opposing papers.

 

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