Medical Malpractice

In Medical Malpractice Case Asserting Failure to Diagnose Liver Cancer, Summary Judgment Denied by New York Court

Published on: January 28, 2021 | By Jeff DeFrancisco

Syracuse Medical malpractice cases can involve many different claims, including a failure to diagnose allegation. When a plaintiff asserts a failure to diagnose claim, he or she is not saying that it is necessarily the doctor’s fault that that patient contracted the illness but that, because of a delay in a proper diagnosis and treatment, the patient suffered irreparable harm.

On the one hand, it might seem unfair to blame a physician for a disease that he or she did not cause or create. However, it must be remembered that the doctor’s job was to properly evaluate and treat the patient and that the patient was depending on (and paying for) a correct diagnosis to help him or her make proper decisions regarding medical care.

When a doctor misses a diagnosis, especially a diagnosis of a fast-moving and potentially deadly disease such as cancer, the mistake can be extremely costly to the patient. It may cost him or her a large amount of (otherwise unnecessary) medical costs, or it may ultimately cost the patient his or her life. For this harm, the medical provider must be held accountable.

New York Woman’s Surgical Malpractice Case Should Not Have Been Dismissed on Summary Judgment

Published on: January 23, 2021 | By Jeff DeFrancisco

Motions for summary judgment are common in Syracuse medical malpractice cases. Summary judgment is a pre-trial procedure in which one party or the other (but usually the defendant) asks the court to award judgment to that party on the basis that there are no genuine issues of material fact on one or more claims.

If a court grants summary judgment, it is in effect saying that, even if any questionable evidence is construed in the light favoring the party opposing the motion, there really isn’t anything to fight about. In other words, a jury trial is not necessary because there are not any material facts that must be resolved.

When summary judgment is granted, the losing party has the right to seek appellate review of the lower’s court’s decision. When summary judgment is denied, sometimes there is an immediate appeal but, in some situations, the issue is addressed during the post-trial phase of the case.

New York Woman’s Medical Malpractice Case Against Hospital and Others Dismissed on Appeal

Published on: January 18, 2021 | By Jeff DeFrancisco

Each Syracuse medical malpractice case rests on its own unique set of facts. In some cases, it is alleged that a doctor failed to make a proper medical diagnosis and that a patient was harmed or died as a result.

Other cases pertain to procedures that were allegedly carried out in a careless or negligent fashion. Sometimes, the mistake may be glaringly obvious, such as a situation in which the wrong body part was removed or medical tools were left inside a patient’s body cavity. In other cases, an expert witness must painstakingly explain the alleged error to the jury so that they can understand the applicable standard of care and the manner in which it was supposedly breached.

Another possible claim in a medical negligence case involves a lack of informed consent. Under New York law, a physician or other medical professional has certain duties to explain both the risks and benefits of a particular medical procedure to a patient prior to him or her agreeing to such treatment.

New York Mother and Infant’s Birth Injury Medical Malpractice Case Survives Multiple Motions for Summary Judgment

Published on: December 28, 2020 | By Jeff DeFrancisco

A Syracuse medical malpractice claim can arise from many different situations. While the majority of such cases involve the care, diagnosis, and treatment of adults, medical negligence can also happen during the treatment of minors.

In addition to pediatric malpractice, birth injury malpractice claims against obstetricians and similar providers are fairly common. Such acts of negligence can include failure to properly monitor a mother or infant’s vital signs during labor and delivery, failure to diagnosis certain medical conditions in the mother and/or the baby, and failure to recognize that a particular birth may be more difficult than usual.

When an act of birth injury malpractice occurs, the parents, acting on both their own behalf and that of the minor child, have a right to file a claim asking a court to award fair compensation. During the pretrial phase of the case, it is likely that some (or all) of the defendants may seek dismissal of the case, arguing that there is a lack of proof regarding their alleged negligence.

New York Court Affirms Dismissal of Medical Malpractice Claim on Statute of Limitations Grounds

Published on: December 16, 2020 | By Jeff DeFrancisco

It is frequently said that “time is of the essence” when it comes to medical malpractice lawsuits in New York, especially those involving governmental entities. While it is certainly true that Syracuse medical malpractice claims should be made in a timely fashion in order to have a reasonable chance of a successful outcome, there are, in a few, very limited circumstances, some exceptions to the general rule regarding the time period for filing suit.

However, these limitations are subject to judicial interpretation, and the case law concerning the rules allowing for an exception can evolve over time. This happened in a recent case, as set forth below.

It was unclear exactly when the alleged act of medical negligence took place, but the case had apparently been in litigation for many years. Had the plaintiff acted in a more timely fashion, it is possible that the matter would have been resolved much sooner.

Internal Medicine Physician Should Have Been Granted Summary Judgment in Medical Malpractice Case, Says New York Appellate Court

Published on: November 25, 2020 | By Jeff DeFrancisco

Not every physician or healthcare provider is held to the same standard of care. For instance, in a Syracuse medical malpractice case, a doctor specializing in internal medicine is not necessarily expected to have the same knowledge or skill as one who works primarily in the field of physical therapy.

Thus, if a patient who is treated by both professionals is injured by an act of negligence, it is quite possible that a medical malpractice case will only reach trial as to one of the healthcare workers. It often comes down to a question of which specialist was responsible for the area of the body or the type of care that led to the harm about which the plaintiff complains.

Of course, there are some circumstances in which several different medical professionals could be potentially liable to a patient. Each case is unique and must be determined on its own particular facts.

New York Appellate Division Affirms Large Verdict in Birth Injury Medical Malpractice Case

Published on: November 14, 2020 | By Jeff DeFrancisco

A patient can be the victim of medical negligence at any time in his or her life. Sometimes, nursing homes fail to meet the standard of care, and an elderly patient suffers as a result. At the other end of the spectrum, some Syracuse medical malpractice cases happen much earlier: during birth.

When a baby is harmed during labor and delivery, he or she may literally face a lifetime of medical expenses, pain and suffering, emotional distress, disfigurement, and other issues. If these expenses are the result of a medical provider’s mistake, it is only fair that the provider contribute to the payment of such damages.

The amount of fair compensation that is due under such circumstances can be a matter of much contention. After a jury has made an award, it is not unusual for there to be an adjustment of the verdict by the trial court and/or the appellate tribunal if the amount awarded was not in line with the evidence presented at trial. Sometimes, the damages award is set aside, and a new trial is ordered.

Summary Judgment Reversed in New York Medical Malpractice Claim Pertaining to Testicular Injury

Published on: November 10, 2020 | By Jeff DeFrancisco

We depend heavily upon the expertise of doctors and hospital personnel to properly diagnose and treat our medical conditions, illnesses, and injuries. Most of the time, they do, and we are grateful for their help.

Sometimes, however, mistakes are made, and the patient suffers great physical harm, pain, and suffering as a result. Most hospitals and physicians carry medical malpractice insurance that covers them in such situations, if the injured person is able to make out a claim for medical malpractice.

However, proving negligence against a medical provider is not always easy. Medical experts must be retained, records must be reviewed, and various court proceedings are likely to ensue if the case is not settled early.

New York Appellate Tribunal Dismisses Mother’s Medical Malpractice Case Asserting Anesthesiology Error During Labor

Published on: October 29, 2020 | By Jeff DeFrancisco

Syracuse medical malpractice cases often come down to a “battle of the experts.” The case begins with the plaintiff’s medical professional witness testifying that the defendant failed to follow the standard of care and, as a result, harmed the patient.

The defendant then puts his or her own expert witness on the stand, and a very different opinion is given. The jury, as the finder of fact, has to resolve the conflicting testimony.

Sometimes, however, the case doesn’t make it that far. Via a process called “summary judgment,” the trial court may decide that the expert opinion offered by the plaintiff is not sufficient to get the case in front of a jury.

New York County Was Proper Venue for Medical Malpractice Lawsuit, Despite Defendant’s Objection

Published on: October 23, 2020 | By Jeff DeFrancisco

One of the first considerations in filing a Syracuse medical malpractice lawsuit is the proper party or parties to name as defendants. Another important issue that may need to be addressed is the correct court for purposes of jurisdiction and/or venue.

When a defendant disagrees with the plaintiff’s choice of forum, he or she may seek a change of venue. Even if such a motion is not successful, the filing of such a motion can cause a delay in the plaintiff’s attempt to seek fair compensation.

If the motion is successful, the case may continue in another court. Unfortunately, that court may be less convenient or less desirable from the plaintiff’s perspective. A party who is dissatisfied with a trial court’s ruling on an issue of venue may have an option to seek appellate review prior to trial.