Pointing to the failure of a medical malpractice plaintiff’s expert to address a defense expert’s opinions, and to the law on failing to medically discover an “unindicated condition,” a state appeals court on Tuesday threw out a malpractice and wrongful death action lodged against a Manhattan hospital center after an emergency patient died.

An Appellate Division, First Department panel wrote in the decision tossing out the suit against one named defendant, New York Presbyterian Hospital-New York Weill Cornell Medical Center, that plaintiff Donna Rotante’s expert “failed to address the opinions and conclusions of defendant’s expert regarding decedent’s condition upon arrival at the [hospital center’s emergency department].”

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