Medical Malpractice Case Dismissed; Plaintiff Loses Battle of the Experts

Case: Lahara v. Auteri

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

Date: 7/25/12

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

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Facts: This is a medical malpractice lawsuit. Defendants applied to the court for summary judgment dismissing the complaint, which the lower court granted. Plaintiffs brought this appeal.

This is a rather disappointing decision because it tells us nothing about the case and the parties= claims and positions.

Apparently, this came down to a battle of the experts, which the plaintiff lost.

All we get from the appeals court is that the defense doctor(s) were not negligent and, if they were, they didn=t injure the plaintiff.

We=re also told that the submission by plaintiff's expert is speculative and conclusory.

And that is all.

Held: The lower court's dismissal of this medical malpractice case is affirmed.