When a patient suffers harm due to a doctor’s negligent performance of their duties, the doctor may be held liable for medical malpractice. Not all harm caused by medical professionals constitutes malpractice, though, as in some cases, an injury may be the result of simple negligence. In an opinion recently delivered by a New York court, the distinctions between negligence and medical malpractice were discussed. If you suffered harm while receiving medical treatment, you might be owed compensation, and you should speak to a Syracuse medical malpractice lawyer as soon as possible.
The Decedent’s Harm
It is reported that the decedent was a resident of the defendant’s nursing home. The decedent, who was in a wheelchair, was being transferred from the home to a doctor’s appointment via an ambulance owned by the defendant transportation group. When the defendant transportation group’s employee placed the defendant on the ambulance’s lift, she was propelled to the ground due to a lack of proper restraints. She sustained critical injuries in the fall that ultimately proved to be fatal.
It is alleged that the plaintiff filed a lawsuit against the defendants, asserting wrongful death claims. The defendants moved to compel the plaintiff to serve a notice of malpractice and certificate of merit pursuant to New York law. The trial court denied the defendants’ motion, and they appealed. Continue Reading ›