Medical Malpractice

New York Court Discusses Expert Qualifications in Medical Malpractice Cases

Published on: June 15, 2022 | By Jeff DeFrancisco

Most doctors undergo training for their specialty and have little experience working in other areas. This does not mean that a doctor can only offer expert testimony in medical cases involving the precise area of their practice, however. Instead, as shown in a recent New York opinion, a doctor can offer expert testimony outside of their field if they are otherwise qualified. If you were hurt by a negligent doctor, it is in your best interest to speak to a Syracuse medical malpractice lawyer about what evidence you need to produce to demonstrate liability.

The Facts of the Case

It is alleged that the decedent, who was 61 years old, presented to the emergency department of the defendant hospital with complaints of shortness of breath. He underwent a chest x-ray and was diagnosed with pneumonia. The radiologist that interpreted his chest x-ray noted that he had a normal-sized heart, and his lungs showed mild bibasilar interstitial prominence. He was subsequently discharged with a prescription for antibiotics and a directive to follow up with his primary care doctor.

Reportedly, he underwent a second chest x-ray that showed his heart was at the upper limit of normal, and his lungs were clear. He continued to suffer from chest pain and shortness of breath. Approximately six months later, he died from systolic heart failure and dilated cardiomyopathy. His wife then filed a medical malpractice lawsuit against the hospital and the radiologists who interpreted his chest x-rays. The defendants moved for summary judgment on the grounds that the plaintiff’s experts were not qualified to offer opinions on the standard of care that applied to radiologists. The court granted the motion, and the plaintiff appealed. Continue Reading ›

Court Discusses Demonstrating Proximate Cause in New York Medical Malpractice Cases

Published on: June 11, 2022 | By Jeff DeFrancisco

Although doctors have an obligation to provide their patients with competent care, it is not uncommon for a doctor to make mistakes during the treatment of a patient. While medical negligence may provide grounds for pursuing a medical malpractice claim, a careless physician will only be held accountable if their negligence proximately caused a patient to suffer harm. In other words, negligence, in and of itself, does not constitute medical malpractice, as explained in a recent New York ruling. If you suffered harm because of the recklessness of your treatment provider, you have the right to seek compensation, and you should meet with a Syracuse medical malpractice lawyer.

Facts of the Case

It is reported that the plaintiff underwent a mastectomy of her right breast in 1998 due to breast cancer. She began to experience breast pain in 2010 and advised her physiatrist of her symptoms. The physiatrist prescribed her an ultrasound, which she underwent; the results were normal. She subsequently underwent an MRI, which revealed a mass in her right breast. The plaintiff intercepted the communication between the physiatrist and the radiologist describing the abnormality.

Allegedly, a second doctor that plaintiff saw referred her to a breast surgeon, who provided her with referrals for additional testing and stressed the urgency of her situation. The plaintiff did not feel comfortable with the surgeon, however, and delayed seeking any additional treatment for one year. When she sought care, she was diagnosed with Stage IV breast cancer. She filed a lawsuit against her treatment providers, alleging that their delayed diagnosis worsened her prognosis. The defendant’s moved for summary judgment, and the court ruled in their favor. The plaintiff appealed. Continue Reading ›

New York Court Grants Summary Judgment in Favor of Plaintiff in a Medical Malpractice Case

Published on: June 6, 2022 | By Jeff DeFrancisco

In medical malpractice cases, the parties will usually disagree on issues like liability and damages. In such matters, the courts will generally determine that there is a factual dispute sufficient to require a trial. In other words, it is unusual for a court to rule in favor of one party as a matter of law. While summary judgment is rare in medical malpractice cases, it can occur, as demonstrated recently by a New York ruling. If you were harmed by the negligence of your doctor, you could be owed damages, and you should speak to a Syracuse medical malpractice attorney as soon as possible.

The Facts of the Case

It is reported that the decedent visited the defendant hospital with complaints of chest pain and shortness of breath. When he was at the hospital, he was examined by the defendant physicians. He ultimately suffered a ruptured aorta and died. The plaintiff, the administrator of the decedent’s estate, filed a lawsuit against the defendants, alleging they failed to diagnose or treat the decedent’s aortic dissection, resulting in his death. She asserted wrongful death and medical malpractice claims against them. After the completion of discovery, the plaintiff moved for judgment in her favor via summary judgment. The court ruled in favor of the plaintiff, and the defendant appealed.

Summary Judgment in Medical Malpractice Cases

On appeal, the court affirmed the trial court ruling. In doing so, it explained that contrary to the defendants’ assertions, the plaintiff met her burden of proving she was entitled to judgment as a matter of law. Specifically, she set forth the affirmation of a medical expert who explained his qualifications and stated that, after reviewing the medical records, he determined that the defendants acted negligently and that their negligence impacted the decedent’s health. Continue Reading ›

Court Explains Burdens of Proof in New York Medical Malpractice Cases

Published on: May 31, 2022 | By Jeff DeFrancisco

Strokes are critical medical events that require immediate care. As such, doctors that fail to provide stroke patients with a prompt diagnosis and treatment may inadvertently cause them to suffer irreparable harm. People hurt by the negligent management of strokes can seek compensation for their losses, but even in cases where there seems to be clear evidence of medical malpractice, doctors are typically reluctant to admit liability; instead, they will often seek dismissal via summary judgment. Recently a New York court issued an opinion explaining the burden of proof imposed on each party with regard to motions for summary judgment in medical malpractice cases, in a matter in which it denied the defendant’s motions. If you were harmed by incompetent medical care, you might be owed damages, and you should meet with a Syracuse medical malpractice attorney to assess what evidence you must produce to prove liability.

The Facts of the Case

It is alleged that the plaintiff presented to the defendant’s hospital complaining of lightheadedness, confusion, difficulty speaking, and right-sided weakness. He reported that he recently fell off of a stool as well. He was admitted to the hospital for evaluation and care and was treated by a radiologist, hospitalist, and neurologist during his admission. He was diagnosed with a stroke the following day, after which his condition worsened greatly.

He was ultimately transferred to another hospital for more extensive neurological care. The plaintiff subsequently filed a medical malpractice lawsuit against the defendant and his treatment providers, arguing their negligence caused him to suffer significant brain damage. The defendants each filed motions for summary judgment. Continue Reading ›

New York Court Discusses Notice in Medical Malpractice Claims Against Public Corporations

Published on: May 28, 2022 | By Jeff DeFrancisco

Many health care facilities in New York are owned and operated by public corporations. A patient that sustains harm due to incompetent medical care at a hospital owned by a public corporation has the right to pursue damages via medical malpractice claims, but they must adhere to specific notice requirements. If they fail to provide the public corporation with the notice required by New York law, their claims may be dismissed, as demonstrated in a recent opinion issued by a New York Court. If you suffered injuries while receiving care at a hospital, it is prudent to speak to a Syracuse medical malpractice lawyer as soon as possible to protect your right to seek compensation.

The Facts of the Case

It is alleged that the plaintiff underwent care at a hospital owned by the defendant city. The facts regarding the nature of his care were not provided, but he went on to suffer unspecified harm, which he alleged arose out of the negligence of the hospital employees. He subsequently filed a medical malpractice lawsuit against the defendant as well as an application to serve a late notice of claim or to deem the notice of claim timely filed. The trial court denied the motion, and the plaintiff appealed.

Notice in Medical Malpractice Claims Against Public Corporations

The appellate court affirmed the trial court ruling. In New York’s General Municipal Law section 50, parties allegedly harmed by the negligence of the employee of a public corporation must provide the corporation with notice of their potential claim within 90 days of the date the claim accrued. In the subject case, the court explained that even if the continuous treatment doctrine applied, the time period for filing a notice of claim would have expired in October 2019, but the plaintiff did not file his notice until September 2020. Continue Reading ›

New York Court Analyzes EMT Liability for Injuries Sustained During Transportation to the Hospital

Published on: May 26, 2022 | By Jeff DeFrancisco

People suffering from critical medical issues are often transported to the hospital by emergency medical technicians (EMTs) via an ambulance. EMTs are expected to employ reasonable care when transporting patients, and if they do not, it can result in injuries. In some cases, though, a person injured by the negligence of an EMT will be precluded from recovering damages due to New York’s laws regarding government-function immunity, as discussed in a recent New York opinion. If you were injured by an EMT, you might be able to pursue claims for damages, and it is smart to contact a Syracuse medical malpractice attorney as soon as possible.

The Plaintiff’s Harm

It is reported that the plaintiff was being transported to the hospital by EMTs employed by the defendant city. During the trip, he unbuckled his restraints and jumped out of the ambulance. He subsequently suffered injuries. He proceeded to file claims against the defendant, alleging the negligence of the EMTs caused him harm. In response, the defendant moved for summary judgment, arguing that it was immune from liability pursuant to the doctrine of governmental function immunity. After reviewing the motion, the court adopted the defendant’s reasoning and ruled in its favor, dismissing the plaintiff’s claims. The plaintiff appealed.

EMT Liability for Injuries Sustained During Transportation to the Hospital

The appellate court affirmed the trial court ruling on appeal. In doing so, it explained that pursuant to the doctrine of governmental function immunity, government actions that are discretionary in nature cannot form the basis of liability. Ministerial actions, on the other hand, may be grounds for imposing liability, but only if they violate a duty owed specifically to the plaintiff that is separate from any duty owed to the public generally. Continue Reading ›

Recent New York Opinion Highlights the Importance of Expert Testimony in Medical Malpractice Cases

Published on: May 20, 2022 | By Jeff DeFrancisco

The average person usually lacks an understanding of the standard of care imposed on medical professionals. As such, in most medical malpractice cases both sides will retain medical experts to explain to the judge or jury what is required under the applicable standard of care and to offer an opinion that supports their position as to whether the defendant complied with the standard. In most instances, the party that presents the most convincing expert opinion will prevail. Recently, a New York court issued an opinion highlighting the importance of expert testimony in medical malpractice cases. If you suffered harm due to the negligence of a treatment provider, you might be able to recover compensation, and you should speak to a Syracuse medical malpractice attorney as soon as possible.

History of the Case

It is alleged that the decedent presented to the defendant’s hospital with a fever, pain, and other symptoms. He was treated with antibiotics. He subsequently developed critical issues due to the side effects of the antibiotic and later passed away. The plaintiff filed a lawsuit against the defendant, asserting negligent hiring and supervision and medical malpractice claims.

Specifically, it is reported that the plaintiff argued the defendant’s physician’s negligent administration of the antibiotic and failure to monitor the decedent led to his fatal injuries. The defendant moved for summary judgment, arguing the plaintiff failed to demonstrate it deviated from the standard of care. The trial court granted the motion, dismissing all of the plaintiff’s claims, and the plaintiff appealed. Continue Reading ›

New York Court Differentiates Between Medical Malpractice and Deliberate Indifference Claims

Published on: May 11, 2022 | By Jeff DeFrancisco

It is not uncommon for people in facilities owned and operated by the federal government to receive medical care during their stay. If they subsequently suffer harm due to incompetent care, they may be able to seek recourse, but the nature of their claims depends in part on the egregiousness of the offending party’s actions. This was illustrated recently in a New York opinion in which the court dismissed the plaintiff’s claims that medical malpractice comprised a violation of his constitutional rights. If you were injured by a careless healthcare provider, you have the right to seek compensation, and you should contact a Syracuse medical malpractice attorney to discuss your prospective claims.

The Facts of the Case

It is reported that the plaintiff, a resident of a facility owned and operated by the federal government, began to complain of symptoms of hepatitis following an outbreak. He reported his symptoms to the defendants, who were health care providers, who evaluated him but did not diagnose him with hepatitis. His symptoms worsened, and he asked to go to the emergency room, but his request was denied. He was ultimately hospitalized and diagnosed with hepatitis.

Allegedly, the plaintiff filed a complaint against the defendants averring that their negligence caused him to suffer permanent and severe injuries and a reduced earning capacity and violated his constitutional rights. The defendants then moved to dismiss his constitutional violation claims. Continue Reading ›

New York Court Denies Summary Judgment in Favor of a Defendant in a Medical Malpractice Case

Published on: April 22, 2022 | By Jeff DeFrancisco

Mistakes made by medical professionals tending to a mother during labor and delivery can have devastating consequences and may constitute grounds for pursuing medical malpractice claims. Defendants accused of medical negligence rarely admit liability, however, and in fact, in most cases, will assert that the court should find in their favor. In a recent opinion issued in a case in which the plaintiff asserted that she and her infant suffered harm due to medical malpractice, the court examined what each party must prove with respect to motions for summary judgment. If you or your child sustained injuries due to errors during or after the birthing process, you might be able to recover damages, and you should confer with a trusted Syracuse medical malpractice attorney.

The Plaintiff’s Harm

It is alleged that the plaintiff presented to the defendant’s hospital to deliver her infant son. Complications arose during delivery, and the child ultimately suffered injuries. The mother brought a lawsuit against the defendants alleging their medical negligence caused her and her son to suffer harm. The defendants moved for summary judgment in their favor. The trial court denied the defendants’ motions, and they appealed.

Dismissal of a Plaintiff’s Claims in a Medical Malpractice Case

After reviewing the evidence presented, the appellate court affirmed the trial court ruling. The appellate court explained that a defendant pursuing summary judgment in a medical malpractice case must demonstrate, prima facie, either that they did not depart from the accepted practice of medicine or that any alleged deviation from the standard of care did not proximately cause the plaintiff’s injuries. Continue Reading ›

Court Discusses Establishing the Right to Summary Judgment in a New York Medical Malpractice Case

Published on: April 22, 2022 | By Jeff DeFrancisco

Defendants in New York medical malpractice cases will often not only deny liability but will also assert that the evidence so clearly demonstrates their lack of fault that they should be granted judgment in their favor as a matter of law. A defendant seeking summary judgment in a medical malpractice case faces a high burden of proof, however, as demonstrated in a recent opinion issued by a New York court. If you sustained injuries due to the recklessness of a physician, you should contact a Syracuse medical malpractice attorney as soon as possible to discuss what you must prove to recover damages.

Procedural History of the Case

It is alleged that the plaintiff commenced a lawsuit against the defendants, asserting lack of informed consent, medical malpractice, and wrongful death claims arising out of the treatment and care of her deceased father. Specifically, she alleged that their failure to diagnose his lung cancer in a timely manner caused his premature demise. The defendants each moved for summary judgment; the plaintiff opposed their motions and submitted redacted expert affirmations in support of her opposition.