Nickerson v. Lee

Aggrieved by the final judgment dismissing her medical malpractice claim against the defendant, Dr. Yhu H. Lee, the plaintiff, Carol M. Nickerson, appeals. A medical malpractice tribunal2 found her offer of proof deficient because a letter from a podiatrist, Dr. Jeffrey R. Coen, did not provide an explicit statement that the defen*107dant departed from the applicable standard of care. The plaintiffs motions for reconsideration and to supplement the offer of proof were denied. We conclude that the plaintiffs offer of proof, if substantiated at trial, is sufficient to raise a legitimate question of…