Jury To Decide Brain Damage Dispute, NY Appeals Court Says

June 19, 2021

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Law360 (June 18, 2021, 8:59 PM EDT) — A New York appellate panel has kept alive a lawsuit accusing a hospital and its nurse of a dosage error for a “clot-busting” drug that caused a stroke patient’s brain damage, saying the factual dispute between the parties’ medical experts is for a jury to resolve.

The appellate panel on Thursday affirmed the lower court’s 2020 ruling, which held that Cayuga Medical Center at Ithaca must face medical malpractice claims brought by stroke patient E. Ann Holland, saying the parties presented clashing expert opinions that a jury must evaluate. The panel held that there is “a triable issue of fact regarding…

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