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The appeals court reversed the dismissal, meaning the case can move forward. The court found Lewis's expert opinion had a gap. The expert didn't address evidence in the record showing a bone lesion was visible on the X-ray Lewis reviewed in January 2017. The expert also didn't specifically respond to the claim that Lewis failed to diagnose the lesion at that visit. Because a defendant must address every specific claim made in the complaint, this gap meant Lewis never met his initial burden. When that burden isn't met, courts must deny dismissal, regardless of how strong the other side's evidence is.
A mother sued Dr. Ronald Lewis on behalf of her child, called B.N. in court papers. She claimed Lewis failed to diagnose an aneurysmal bone cyst, a type of bone lesion, in the child's left fibula bone during a January 2017 visit. The cyst went untreated for months. In September 2017, the child had major surgery at Memorial Sloan Kettering to remove it. The mother said this delay caused permanent injuries. After both sides gathered evidence, Lewis asked the trial court to dismiss the case without a trial. The trial court agreed and dismissed it. The mother appealed.
In medical malpractice cases, a defendant asking for dismissal before trial must prove there's no real dispute about at least one key element: either that there was no deviation from accepted medical practice, or that any deviation didn't cause the injury. The question here: did Lewis's expert evidence actually address the specific claim that a bone lesion was visible on the January 2017 X-ray?
This case is a reminder that in malpractice lawsuits, defense experts must directly respond to the specific claims made, not just give general opinions. If an expert skips over key evidence, like a visible X-ray finding, a court can't grant an early dismissal. The case will now continue toward possible trial.
Talk to a licensed medical malpractice lawyer in New York.