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