Can I sue the doctor and expert witness for material lies in a medical malpractice case after that case was dismissed?
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Can I sue the doctor and expert witness for material lies in a medical malpractice case after that case was dismissed?
I had a dental malpractice case which was dismissed on defendant doctor’s summary judgement motion, and for the motion the doctor and an expert witness submitted fraudulent sworn affidavits, which can be proven. For example, they made up conditions which did not exist and the X-rays would prove so. It was not opinions but very specific lie. For example, they claim I had an old crown along with “crown cavity” which caused my gum line damage. But the doctor was the one ever put a crown on the tooth and there was absolutely nothing near the gum line. I allege his surgical error caused it.
Asked on October 26, 2011 under Malpractice Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you believe that you have evidence and can prove that the doctor's and his expert's testimony was false, then the main thing to do is to appeal the dismissal of your case...or rather, first you would make a motion to the court for it to vacate its judgment, based upon the evidence you have which shows that the critical testimony upon which your dismissal was based was false. If the court will not vacate the judgment and reopen the case, you could then appeal the judgment to the appellate courts.
Doing the above can be complex, you should get an attorney to represent you, if you don't have one already. Also, when you initially speak with the lawyer about the matter, that will help affirm whether you do in fact have a case worth pursuing--the lawyer will be more objective (as well as more knowledgable) than you in evaluating whether you do have good grounds to vacate the judgment and/or appeal. Good luck.
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