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Thomas A. Moore and Matthew Gaier

Summary judgment motions by defendants have become somewhat routine in medical malpractice actions. Not infrequently, the evidence and applicable standards of care offer little or nothing to justify them. Opposing such motions can be costly and time consuming, necessitating a detailed description of the evidence and careful expert analysis. Often, the determination of whether the motion will be granted turns on the sufficiency of expert opinions contained in affidavits or affirmations submitted in opposition. When such an opinion is deemed inadequate to establish issues of fact that require denial of the motion, we frequently find the court describing it as conclusory or speculative. However, attempting to discern why an expert’s opinion is regarded as deficient can be confounding.

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