This expert/attorney, who is coming in vs. one of our clients on a BS mesh migration case, just did an affirmation on an SJ motion vs. the same surgeon in a case where a lap chole resulted in an liver injury (intrahepatic hematoma). The claims are injuring the liver and not recognizing the bleeding intra-op and post-op. Even though the pt. had only normal post-op pain that resolved by day 2 or 3, unchanged blood counts until day 4, a consistently benign abdomen, minimal serosanguinous drainage for the surgical drain (1.1 oz. > 24 hrs.), and new onset pain on PO day 5, he paints the picture of bleeding from the liver into the peritoneum starting at surgery. I have a lot of cases supporting the argument that an opinion not based on the records or assuming a non-existent condition cannot establish a question of fact (if anyone wants them).
My question is how to attack on motion such lies as post-op pain and slight distension reflects active bleeding, minimal serosanguinous bleeding also shows it, and the lack of peritoneal signs only means the intestines was not perforated.
Should I submit medical literature, get an additional affirmation from my expert, or just use the record to show he is lying.
Thanks
Peter