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U.S. District Court
Where a medical malpractice complaint was filed by a plaintiff who underwent knee replacement surgery, the complaint must be dismissed because the plaintiff has not disclosed an expert of any kind.
“Plaintiff Angel Roman (‘Plaintiff’ or ‘Mr. Roman’) brought this action against Philip Lahey, Jr., MD, (‘Dr. Lahey’) and Worcester County Orthopedics (‘Worcester County Orthopedics’) (collectively, ‘Defendants’) alleging various claims of medical negligence. …
“On May 22, 2018, Mr. Roman, after consulting with Dr. Lahey, underwent a left total knee replacement surgery performed by Dr. Lahey and assisted by Christopher Chow, PA at St. Vincent’s Hospital in Worcester. …
“This is an action asserting claims centering on medical malpractice. The complaint alleges that Dr. Lahey, an orthopedic surgeon, acted improperly and deviated from the standard of care in his medical treatment of the plaintiff, Angel Roman. …
“In this case, Plaintiff’s medical malpractice claim requires expert testimony to proceed. Claims of medical negligence require expert testimony on behalf of the plaintiff in almost every instance in order to prevail. … Proving whether his knee replacement surgery conformed to the medical standard of care would require expert testimony as to what the applicable standard of care is regarding knee replacement surgery and whether Dr. Lahey’s actions fell below that standard. It is undisputed that Plaintiff has not disclosed an expert of any kind. Nor is this a situation ‘where the alleged malpractice is so gross or obvious that jurors can rely on their common knowledge and experience to recognize or infer negligence based on the facts presented.’ … Accordingly, because Plaintiff will be unable to prove the medical standard of care required for his claims, the claims must be dismissed.”
Roman v. Lahey, et al. (Lawyers Weekly No. 02-469-24) (6 pages) (Guzman, J.) (Civil Action No. 21-40052-MRG) (Sept. 30, 2024).
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