Is the fact of deviation from standard of care enough to prove the deviation?

December 2, 2014


The NYSSIPP says it is a mandatory and official standard of care for all, including physicians.
Can it be a substitution for an expert in terms of showing that deviation occurred.? Just this part.
Is such document admissible without an expert? I became a pro se after the attorney left and gave me the file in which I discovered a lot to support my claim ,but nobody would take the case after that. Thank you.


It seems to me you're looking to rely on an inference from the absence of something in the medical record in place of an expert opinion that there was a departure that proximately caused your injury. This is a tenuous argument that will almost certainly invite a motion to dismiss, if the case even gets past the trial judge (and you can be sure defense counsel will point out at the first meeting in chambers that you don't have an expert). i wish you luck, but I would strongly advise you to pay the money and retain an expert. There are many websites offering the services of experts.

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