Syracuse Personal Injury Law Blog
The COVID-19 pandemic forced hospitals across New York to make difficult operational decisions while caring for unprecedented numbers of critically ill patients. Although emergency legislation temporarily protected healthcare providers from certain malpractice claims arising during that period, those protections were never intended to excuse every medical error simply because treatment occurred during the pandemic. A recent New York decision explains that healthcare providers seeking immunity must demonstrate a direct connection between the alleged negligence and the challenges created by the public health emergency. If you believe you were injured by negligent medical treatment during or after the COVID-19 pandemic, an experienced Syracuse medical malpractice attorney can evaluate whether emergency immunity laws affect your right to pursue compensation.
History of the Case
Allegedly, the plaintiff sought emergency treatment after experiencing symptoms consistent with a gallbladder attack. Imaging studies revealed gallstones, and the defendant surgeon recommended the removal of the gallbladder. Following the laparoscopic procedure, the plaintiff developed jaundice and worsening symptoms. Additional testing performed at another medical facility revealed that surgical clips had obstructed the common bile duct, requiring reconstructive surgery to repair the injury.
Reportedly, the plaintiffs filed a medical malpractice action alleging that the defendants negligently performed the gallbladder surgery by failing to properly identify the patient’s anatomy before placing surgical clips, causing injury to the bile duct. The plaintiffs also asserted that the defendants failed to timely recognize and diagnose the postoperative complication. After discovery, the defendants moved for summary judgment, arguing that they were immune from liability under New York’s Emergency or Disaster Treatment Protection Act because the COVID-19 pandemic affected hospital operations during the plaintiff’s treatment. The trial court denied the motion, and the defendants appealed.
The Limits of COVID-19 Immunity
On appeal, the court reviewed the requirements of New York’s Emergency or Disaster Treatment Protection Act, which granted limited immunity to healthcare providers for certain care rendered during the COVID-19 public health emergency. The court explained that providers seeking the protection of the statute must establish that the alleged acts or omissions were actually impacted by decisions or activities undertaken in response to the pandemic.
The defendants presented evidence demonstrating that the hospital experienced substantial operational disruptions during the early months of COVID-19. Hospital officials described operating room closures, staffing shortages, delayed procedures, and the conversion of treatment areas to accommodate the surge of patients. The surgeon also testified that a robotic surgical system was unavailable because of pandemic-related changes, requiring the operation to be performed laparoscopically instead.
The court concluded, however, that this evidence did not establish the required connection between the pandemic and the alleged negligence. Although the surgeon stated that robotic surgery was his preferred approach, he also acknowledged that he had extensive experience performing laparoscopic gallbladder procedures, that he clearly visualized the relevant anatomy during surgery, and that COVID-19 did not change the manner in which he performed the operation. Likewise, the allegations involving the failure to recognize the postoperative bile duct injury were not shown to have resulted from pandemic-related conditions.
Because the defendants failed to demonstrate that the alleged surgical error or postoperative misdiagnosis was actually impacted by their response to COVID-19, they did not satisfy their initial burden of proving entitlement to statutory immunity. As a result, the appellate court affirmed the denial of summary judgment, allowing the plaintiffs’ medical malpractice claims to proceed.
Talk to a Capable Syracuse Medical Malpractice Attorney Today
If you suffered harm due to negligent medical care, it is wise to talk to an attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, our capable Syracuse medical malpractice attorneys can assess your case and aid you in seeking the best outcome possible. You can contact us through our online form or call 833-200-2000 to set up a free and confidential meeting.