Medical Malpractice

Published on: June 19, 2019

New York Appeals Court Agrees that Parents Should Have Been Given Leave to File Late Notice of Child’s Birth Injury Medical Malpractice Claim

Those who have suffered personal injuries or a loved one’s wrongful death have only a limited time in which to file a Syracuse medical malpractice lawsuit. This includes situations in which the victim of the alleged medical negligence is a minor child. If your family has been hurt by a doctor or hospital, an experienced medical malpractice attorney can help you get started on your case, but you must take the first step by setting up a consultation.

Facts of the Case

In a recent appeals court case, the plaintiffs were the parents of a minor child who allegedly suffered injuries during her birth at a city hospital owned and operated by the defendant. The plaintiffs sought to file suit in the Supreme Court, Bronx County, to seek for the child’s injuries via a motion for leave to file a late notice of claim. The defendant resisted the plaintiffs’ motion, urging the trial court to deny the relief sought by the plaintiffs. The trial granted the motion for leave, and the defendant appealed.

The Appeals Court’s Decision

The New York Supreme Court Appellate Division for First Department affirmed the lower court’s ruling. According to the appellate court, the lower tribunal’s decision to grant the plaintiffs leave to file a late notice of claim within the discretion of the trial court. Although the defendant pointed out that the plaintiffs have failed to set forth a “reasonable excuse” for their delay in filing a timely claim, the appellate court found that this was not fatal to the plaintiffs’ case under the circumstances. According to the court, the plaintiffs had met their burden by showing that the defendant was aware – and had actual knowledge – of the “essential facts constituting the claim” within the time period set forth under New York statutory law for the filing of claims such as the one at bar. Because the defendant had knowledge of these facts within the requisite time, it would not be prejudiced in defending the case on its merits.
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Published on: May 31, 2019

New York Appellate Court Reverses Summary Judgment to Medical Provider in Patient’s Malpractice Lawsuit

by Jeff DeFrancisco

In a Syracuse medical malpractice case, the plaintiff has the burden of proving that he or she suffered personal injury as a proximate result of the defendant’s negligence.

Medical negligence cases are often filed against doctors, but they may also be filed against other healthcare providers, including hospitals and other facilities.

It is not unusual for the defendant in a medical negligence case to file what is called a “motion for summary judgment” in an attempt to have the trial court dismiss the claim against it on the basis that it is entitled to judgment as a matter of law. If a trial court grants summary judgment to the defendant, the plaintiff has the option of asking the appellate court to review that decision.

Published on: May 30, 2019

New York Appellate Court Affirms $1 Million Verdict in Hospital Negligence Lawsuit

by Jeff DeFrancisco

About two out of five Americans take at least one prescription medication these days. While most of these medications are at least somewhat beneficial to the patient taking them, each comes with a list of possible side effects.

When a patient is admitted to a hospital, personnel should be careful to note all medications taken by the patient, including the dosage of these prescription drugs. Follow up with the patient’s family and/or pharmacy should also be made in many cases.

If this is not done and personal injury or wrongful death befalls the patient as a proximate result, the patient or his family may have a Syracuse medical malpractice or hospital malpractice claim.

Published on: May 23, 2019

New York Court Refuses to Give Adverse Inference Instruction to Jury for Defendant’s Alleged Spoliation of Evidence in Medical Malpractice Lawsuit

by Jeff DeFrancisco

The plaintiff in a Syracuse medical malpractice case has the burden of proving each and every element of his or her case.

Oftentimes, the plaintiff must obtain much of the evidence of his or her claim from one or more of the defendants against whom he or she has filed suit.

Acknowledging that a defendant may have an incentive to hide or destroy evidence in order to avoid a finding of liability, New York law gives trial courts the authority to impose harsh sanctions for spoliation of evidence.

Published on: April 26, 2019

Summary Judgment to Hospital in Medical Malpractice Suit Based on Failure to Timely Diagnose Was Reversible Error According to New York Appellate Court

by Jeff DeFrancisco

In some Syracuse medical malpractice lawsuits, the allegation is that a defendant doctor or hospital failed to make a correct diagnosis within a reasonable amount of time under the circumstances.

A delay in treating a medical condition can result in significant harm and even death to a patient.

When a patient is able to prove a claim of medical negligence, he or she may request that the jury award money damages for medical expenses, lost earnings, pain and suffering, and other losses caused by the defendant’s failure to abide by the applicable standard of care.

Published on: April 26, 2019

Malpractice Lawsuit Filed by Doctor’s Family Can Proceed Against Dialysis Center, Says New York Appeals Court

by Jeff DeFrancisco

A Syracuse medical malpractice case can affect many different types of people and their families.

Even a medical doctor can be the victim of an act of medical negligence, when that doctor is a patient relying upon the advice of others.

Of course, in such a case, it is likely that those accused of malpractice will try to turn the blame around on the victim – even if the defendants’ alleged negligence cost the victim his life.

Published on: April 22, 2019

New York Court Upholds Dismissal of Malpractice Claim As Untimely

by Jeff DeFrancisco

When it comes to personal injury and wrongful death litigation, time is of the essence. If a New York medical malpractice lawsuit is not filed on within the statute of limitations, it has very little chance of ever being considered upon its merits.

There may be other deadlines that require strict compliance, as well. Taking too long to seek legal redress can result in a summary dismissal of a case that might otherwise have been very winnable – and worth a substantial sum of money to a malpractice victim and his or her family – had it been timely filed.

For this reason, it is extremely important that anyone who believes he or she has been suffered harm due to medical negligence seek legal advice as soon as possible.

Published on: March 26, 2019

New York Court Denies Plaintiff’s Request to Vacate Judgment of Dismissal, Noting Her Two and a Half Year Delay in Seeking Relief

by Jeff DeFrancisco

In a Syracuse medical malpractice lawsuit, time is of the essence. Not only is it prudent to contact attorney as soon as you suspect that an act of medical negligence has taken place, it is imperative that all paperwork be filed in a timely fashion. This includes not only the initial complaint for damages but also other documentation that is required as the case progresses. Failure to act within the time allowed by law can result in dismissal of what might otherwise have been a successful claim for damages.

Facts of the Case

In a recent case, the plaintiff was a former patient of the defendant medical providers. In 2013, the plaintiff filed suit against the defendants, asserting a claim for podiatric malpractice in relation to surgical treatment that the defendants had performed upon the plaintiff. Two months later, the defendants’ attorney submitted demands for a bill of particulars to the plaintiff’s attorney. The defendants also requested authorizations permitting them to access the plaintiff’s medical records. The plaintiff’s attorney refused to provide the information and documents sought by the defendants, and, eventually, the defendants filed a motion to dismiss the plaintiff’s complaint.

Published on: March 25, 2019

Plaintiffs in Birth Injury Case Were Not Entitled to Relief from Defense Verdict, According to New York Appellate Court

by Jeff DeFrancisco

A Syracuse medical malpractice case can have many issues and may take several years to ultimately be decided. While this can be daunting to a would-be plaintiff, this does not mean that a claim against a careless doctor or other medical professional should not be pursued. If you believe that you or a loved one has been hurt by a doctor’s mistake, the best course of action is to talk to an attorney about your case as soon as possible.

Facts of the Case

In a recent case, the plaintiffs were the parents of a minor child who allegedly suffered certain injuries as a result of the negligence of the defendant doctors and medical clinic during labor and delivery. The case was tried to a jury, which returned a defense verdict. The plaintiff made an immediate oral motion seeking a mistrial on the basis of substantial juror confusion. The trial court granted the motion. Thereafter, the defendants made a post-trial motion to reinstate the verdict. The trial court denied the motion, but the appellate court granted the motion and reinstated the verdict. The plaintiffs then made a post-trial motion to set aside the verdict in the interest of justice. The trial court denied the motion, and the plaintiffs appealed.

Published on: March 20, 2019

New York Medical Malpractice Case Involving Finger Amputation Survives Motion for Summary Judgment

by Jeff DeFrancisco

When it comes to issues in a New York medical malpractice lawsuit, the burden of proof is on the plaintiff to prove, by a preponderance of the evidence, that the defendant’s deviation from the applicable standard of care was the proximate cause of his or her damages.

In many medical negligence lawsuits, one or more of the defendants may seek judgment as a matter of law via a summary judgment motion. When this happens, the burden then shifts to the defendant to demonstrate that there are no genuine issues of material fact.

Facts of the Case

In a recent case, the plaintiff was a man who was involved in an accident in which a log fell on his hand in 2009. He was treated by the defendant doctors (employees of the defendant medical group) at the defendant hospital and released the following day. A few days later, he was seen for a checkup, in which he was checked by a physician’s assistant. About a week later, he returned to the doctor’s office and was told that his index finger “had died.” He underwent an amputation of his finger thereafter.