January 28, 2020

Expert testimony in a medical malpractice case.

Testimony about which treatment option should have been recommended is not a proper basis for a claim of medical malpractice or lack of informed consent.  Testimony that one treatment option is preferable does not establish that, in following a different medically accepted treatment, a defendant-physician deviated from the standard of care.

Lampkowski v. Parra, NY Slip Op 00508 (1st Dep't January 23, 2020)

Here is the decision.