Articles Posted in Medical Malpractice

When patients undergo surgery, they trust their doctors to follow accepted medical standards and provide proper care during recovery. Unfortunately, not every patient’s experience meets that expectation. When complications arise after surgery, determining whether they stem from medical negligence or natural healing challenges can be complex. A recent New York decision highlights how courts evaluate these claims and what evidence is necessary to proceed to trial. If you or someone you love suffered complications after surgery, consulting an experienced Syracuse medical malpractice attorney can help you understand your rights and whether the facts of your case support a claim.

Factual and Procedural Background

It is reported that the plaintiff initiated a medical malpractice action against the defendants, a group of orthopedic physicians and their affiliated medical practice, alleging negligent treatment following a knee injury. The plaintiff underwent surgical repair for a torn meniscus, followed by post-operative care administered by the defendant physicians. After the procedure, the plaintiff continued to experience swelling, pain, and instability in the operated knee, ultimately claiming that the defendants’ improper surgical technique and inadequate follow-up caused additional damage requiring further medical intervention.

Allegedly, the plaintiff contended that the defendants failed to properly assess imaging studies, misdiagnosed the extent of the injury, and failed to advise on or implement appropriate physical therapy protocols. The complaint further asserted that the defendants’ conduct deviated from accepted medical standards and proximately caused prolonged pain and functional impairment. The defendants denied the allegations and moved for summary judgment, submitting expert affirmations asserting that all care provided complied with accepted orthopedic practices and that the plaintiff’s residual symptoms resulted from pre-existing degenerative changes, not medical negligence. Continue Reading ›

When families consent to medical treatment, they do so with the expectation that doctors will both follow accepted standards of care and provide clear information about the risks involved. A failure in either respect can have devastating consequences and often leads to medical malpractice lawsuits. Yet such cases are not won by suspicion alone; courts demand solid evidence and credible expert testimony to establish liability. A recent ruling from a New York court shows how quickly a case can collapse when a plaintiff’s expert opinion is deemed speculative or unsupported. If you or a loved one has suffered harm after treatment, you should consult a Syracuse medical malpractice attorney.

Case Setting

It is reported that the plaintiff, individually and as administrator of the decedent’s estate, brought an action alleging medical malpractice and lack of informed consent against multiple defendants, including a physician who provided testosterone therapy. The plaintiff claimed that this treatment contributed to the decedent’s decline and death.

Allegedly, the defendant physician moved for summary judgment to dismiss the claims against him, arguing that his care met accepted standards and that the decedent had been properly informed of the risks of testosterone therapy. He also sought, in the alternative, to preclude portions of the plaintiff’s expert’s testimony. The trial court denied the defendant’s motion in September 2023, permitting the claims to proceed. The defendant appealed. Continue Reading ›

The COVID-19 pandemic created unprecedented challenges for healthcare providers, including nursing homes and rehabilitation centers. Families who lost loved ones in these settings often sought accountability through medical malpractice or wrongful death claims. Yet New York law temporarily granted broad immunity to healthcare facilities under the Emergency or Disaster Treatment Protection Act (EDTPA), shielding them from many civil suits arising from pandemic-related care. While the pandemic has ended, this statutory immunity continues to influence litigation, as demonstrated by a recent New York ruling. If your loved one suffered harm in a healthcare facility, it is important to consult with a Syracuse medical malpractice attorney to understand the laws that may affect your rights.

Case Setting

It is reported that the plaintiff, acting as proposed administrator of his mother’s estate, commenced an action against a nursing home where the decedent resided before her passing. The plaintiff alleged that the decedent contracted COVID-19 while living at the facility and subsequently died in April 2020. The plaintiff asserted causes of action for negligence, gross negligence, and wrongful death, alleging that the facility failed to protect the decedent from exposure to the virus. The complaint sought damages on behalf of the estate, contending that the nursing home’s care fell below acceptable standards during the pandemic.

Allegedly, the defendant nursing home moved to dismiss the complaint under CPLR 3211(a), arguing that it was immune from liability pursuant to the EDTPA. The statute, enacted in April 2020, provided health care facilities with immunity from civil and criminal liability for harm arising from acts or omissions in the course of providing services during the COVID-19 emergency, so long as certain conditions were met. The defendant asserted that all care provided to the decedent was rendered in compliance with emergency rules, in response to the outbreak, and in good faith. The trial court denied the defendant’s motion, concluding that dismissal was not warranted at the pleading stage. The defendant appealed. Continue Reading ›

In medical malpractice litigation, plaintiffs must not only allege negligence but also present competent evidence linking that negligence to a patient’s injury. This requirement is particularly important in delayed diagnosis cases, where causation hinges on whether earlier intervention would have changed the outcome. A recent decision from a New York court illustrates how courts evaluate these issues at the summary judgment stage. If you suspect a delay in diagnosis or treatment has harmed your health, you should meet with a Syracuse medical malpractice attorney who can help you assess your legal options.

Case Setting

It is reported that the plaintiff sought treatment at a private OB/GYN practice in 2017 after noticing a lump in her left breast. The defendant physician, affiliated with the practice, examined the plaintiff and referred her for diagnostic imaging. A mammogram and sonogram were performed and reportedly interpreted as showing no evidence of malignancy. The plaintiff was advised to return in six months for follow-up testing.

It is alleged that the plaintiff returned in early 2018 and was again referred for imaging. This time, the results raised concerns for possible malignancy. A biopsy was ordered, and the plaintiff was ultimately diagnosed with Stage II breast cancer. She underwent chemotherapy, surgery, and radiation. The plaintiff filed suit against the OB/GYN physician and practice, alleging that their failure to properly assess and respond to her initial complaints resulted in a delayed diagnosis and worsened prognosis. Continue Reading ›

Medical malpractice cases often turn on whether a provider responded appropriately to a patient’s symptoms during postoperative care. Under New York law, healthcare professionals must adhere to accepted medical standards when evaluating signs of complications, including potential infections. As such, conflicting expert opinions on the standards of care can prevent the early dismissal of a claim, as shown in a recent New York opinion issued in a medical malpractice case. If you have suffered harm due to inadequate medical treatment, you should speak with a skilled Syracuse medical malpractice attorney about your rights.

The Case Setting

It is reported that the plaintiff underwent arthroscopic surgery on his right knee in March 2016 to correct an internal knee derangement. Following the surgery, the plaintiff received physical therapy at the defendant healthcare provider’s office and was treated by the individual defendant provider between March and August 2016. The plaintiff continued to experience pain and swelling in the affected leg over the course of several months.

It is alleged that by May 2017, the plaintiff’s symptoms had worsened, and he presented to a hospital with pain and swelling in the same leg. There, he was diagnosed with osteomyelitis, a serious bone infection. Treatment of the condition ultimately required a bone graft, among other interventions. The plaintiff then instituted a medical malpractice case against the providers responsible for his postoperative care, asserting that they negligently failed to evaluate and treat signs of infection, which caused or contributed to his injuries. Continue Reading ›

In medical malpractice litigation, clarity and timeliness in stating claims are essential. Once a case has progressed past the discovery phase and has been certified as ready for trial, courts are reluctant to allow major changes to a plaintiff’s theory of the case, as demonstrated in a recent New York case in which the court affirmed the denial of a plaintiff’s request to amend his bill of particulars years into the litigation. If you believe you were harmed by incompetent medical care, a seasoned Syracuse medical malpractice attorney can help take the steps necessary to preserve your rights.

History of the Case

It is reported that in May 2017, the plaintiff commenced a medical malpractice action against the defendants, a physician and a medical facility, alleging improper care and treatment. A note of issue, signifying the close of discovery and readiness for trial, was filed in January 2021.

It is alleged that several months later, the defendant physician moved for summary judgment, asserting that the care provided complied with accepted medical standards. The second defendant subsequently filed a similar motion. Rather than respond to these motions in the usual course, the plaintiff cross-moved in May 2022 for leave to amend the bill of particulars as to both defendants. The proposed amendments sought to modify and expand upon the allegations of negligence. The trial court denied both of the plaintiff’s cross-motions to amend, citing their untimeliness. The plaintiff appealed both rulings. Continue Reading ›

Mental health treatment involves delicate clinical decisions, especially when a patient is at risk of self-harm. When a patient dies by suicide shortly after receiving psychiatric care, surviving family members may pursue legal action if they believe the care provided was inadequate. These cases are emotionally complex and legally challenging, particularly when government-employed professionals provide the care in question. A recent ruling from a New York court highlights how difficult it can be to succeed in a malpractice claim arising from a suicide, even where warning signs appear to have been present. If you lost a loved one due to what you suspect was negligent mental health care, a Syracuse medical malpractice attorney can help you explore your legal rights.

Background of the Case

It is alleged that the decedent had a long, intermittent history of mental health issues, including anxiety, depression, panic attacks, and suicidal thoughts. She had received treatment at the FQHC off and on over several years, with documented episodes of missed appointments, medication noncompliance, and inconsistent follow-up. In the final months before her death, she had been treated by both a social worker and a psychiatric nurse practitioner. The providers documented recurring symptoms of anxiety and depression, including reports of suicidal ideation, but they concluded that she did not exhibit signs warranting hospitalization.

It is reported that the decedent’s providers used a standardized assessment tool to evaluate her suicide risk and implemented safety plans in accordance with best practices. At her final visit on the day of her death, the decedent reportedly denied having suicidal intent or a plan, and the social worker determined that her condition was stable. Despite this, the decedent died by suicide within hours of leaving the facility. Continue Reading ›

Failure to diagnose a medical condition in a timely manner can lead to catastrophic harm. Such oversights are particularly alarming when the condition is detectable through proper medical assessment and often give rise to claims against negligent providers. In medical malpractice cases, courts often examine whether healthcare providers overlooked critical signs or failed to follow appropriate diagnostic protocols. While healthcare providers accused of such negligence will often attempt to avoid liability, they cannot do so without compelling expert testimony, as demonstrated in a recent New York opinion. If you or a loved one suffered harm due to a missed diagnosis, it is in your best interest to consult with a Syracuse medical malpractice attorney who can help you understand your legal options.

Factual and Procedural History

It is alleged that the patient, a minor, sought treatment from the defendant physician in January 2017 for persistent leg pain. Reportedly, diagnostic imaging was performed, but the physician failed to diagnose an aneurysmal bone cyst or other bone lesion in the patient’s left fibula. The untreated lesion allegedly worsened over several months, leading to the need for extensive surgery in September 2017 to remove the lesion. The plaintiff, acting individually and as the patient’s mother, asserted that the physician’s failure to diagnose the condition in a timely manner resulted in permanent injuries.

It is reported that the plaintiff filed a medical malpractice lawsuit against the physician and affiliated healthcare providers, alleging that the delayed diagnosis and lack of appropriate follow-up care caused significant harm. The defendants moved for summary judgment, arguing that they adhered to the accepted standard of care and that any alleged deviation did not proximately cause the patient’s injuries. The trial court granted the motion, dismissing the plaintiff’s claims and prompting an appeal. Continue Reading ›