Blog - Standard of Care

Posted on September 15, 2020 by Marty Aisenberg

I’ve previously written about the surprising (to me) number of reported cases in which “the plaintiff failed to provide an adequate expert opinion on causation during discovery, resulting in summary judgment for the defendant.”  See https://www.videntpartners.com/blog/2020/product-liability-defendant-wins-summary-judgment-because-plaintiff%E2%80%99s-expert-offered-no and previous blog posts cited therein.

Posted on September 10, 2019 by Marty Aisenberg

The case is Ashland Hospital Corp. v. Lewis, http://opinions.kycourts.net/sc/2018-SC-000276-DG.pdf (8/29/2019).  The defendant, an interventional radiologist, performed a cerebral angiogram to assist in diagnosing the cause of the plaintiff’s chronic headaches.  A recovery room nurse told the defendant that the plaintiff was complaining of headache and scotoma (spots in his field of vision).  These symptoms may indicate a stroke, but they also are not uncommon after a cerebral angiogram.

Posted on March 12, 2019 by Marty Aisenberg

This case points up the extreme care and attention to detail that a plaintiff’s attorney must exercise in reviewing an expert’s affidavit in opposition to summary judgment.  The case is Fernandez v. Alexander (Calif. Ct.

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