Defense Summary Judgment Granted in Medical Malpractice Case Because Plaintiff's Expert Physician's Affidavit Insufficient

Case: Gillespie v. New York Hospital Queens

Court: Supreme Court, Appellate Division, Second Department, New York

Date: June 20, 2012

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident attorney)

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Facts: This is a medical malpractice case. Plaintiff had brain surgery. He claims that his doctor missed a post-surgical infection. Because of the missed infection, this plaintiff required surgery to correct his condition.

In this case, the defense asked the Court for summary judgment dismissing the complaint.

Comment: Medical malpractice lawsuits are all about medical expert testimony.

Held: Plainitff loses because his doctor's affidavit in opposition to the defense summary judgment motion was inadequate. The appeals court called it "conclusory" and "speculative."

Defense wins its motion and this medical malpractice case is dismissed.

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