ARFD partner, Andrew Kaplan, obtains surprising dismissal of case during trial in Suffolk County!
Upon voir dire of plaintiff’s neurology expert during direct examination by plaintiff’s counsel, Mr. Kaplan established that the doctor did not possess the requisite knowledge, experience or training to offer opinions as to the specific standards of care applicable to the defendants, both emergency medicine attendings. Plaintiff’s claims involved the alleged failure to consider and diagnose a stroke in evolution in 2011. While asserting general knowledge of “emergency management of stroke patients” on direct, on Mr. Kaplan’s questioning, the expert conceded that despite her years of experience as a neurologist treating stroke patients, including as a consultant to the emergency room, she did not possess the requisite familiarity with the standards of care in 2011 exclusively applicable to Emergency Medicine physicians. Following this concession, Mr. Kaplan’s motion to preclude plaintiff’s expert and dismiss the case in its entirety as to all defendants was granted, as the witness was plaintiff’s only noticed liability expert.
Congratulations to Andy! Also, congratulations to the ARFD trial team that assisted him including, Appellate Counsel, Deirdre Tracey, and Associates, Kathryn Unterberger and Brendan Cunningham.