Articles Posted in Medical Malpractice

The COVID-19 pandemic wreaked havoc on most aspects of life, but the healthcare industry probably felt the effects the most. In recognition of the difficulties in diagnosing and treating COVID-19 early in the pandemic, the New York legislature enacted EDTPA (the Emergency or Disaster Treatment Protection Act), which rendered healthcare providers largely immune from liability for harm sustained as a result of medical services in support of the response to the COVID-19 outbreak. Later amendments to EDTPA narrowed the immunity, allowing parties to pursue claims related to COVID-19 care in some circumstances. The amendments do not apply retroactively, though, as explained in a recent New York medical malpractice case. If you suffered harm due to the negligence of a doctor, you should meet with a Syracuse medical malpractice lawyer about your potential claims.

History of the Case

It is reported that the decedent, who was a nursing home resident in March and April 2020, died from COVID-19. She received treatment for her illness from the defendants prior to her death. The plaintiff, the representative of the decedent’s estate, subsequently filed a lawsuit against the defendant asserting numerous causes of action, including medical malpractice claims. The defendant moved to dismiss the plaintiff’s complaint, arguing that EDTPA rendered them immune from liability for the plaintiff’s claims. The court granted the defendant’s motion to dismiss. The plaintiff then appealed.

Liability for COVID-19 Related Care

On appeal, the court affirmed the trial court ruling. The court explained that, with the exception of cases involving gross negligence, EDTPA granted health care workers immunity from civil liability for any death or injury that is the direct result of medical services rendered in support of New York’s response to the COVID-19 pandemic. Continue Reading ›

The federal government and its employees have sovereign immunity against tort claims, but the Federal Tort Claims Act (FTCA) waives such immunity in certain cases. Among other things, the FTCA allows people harmed by negligent care in a federally funded medical facility to seek damages through medical malpractice claims. The FTCA imposes certain requirements that must be met prior to pursuing such claims, however, and if they are not upheld, the injured party may be prohibited from recovering compensation. For example, in a recent opinion issued by a New York court, the plaintiff’s medical malpractice claims were deemed time-barred due to her failure to comply with the notice requirements under the FTCA. If you suffered harm due to the incompetence of a doctor, it is in your best interest to contact a Syracuse medical malpractice lawyer to discuss your rights.

The Facts of the Case

Reportedly, a doctor treated the plaintiff at two different federally funded New York facilities in August 2017. The plaintiff’s care included a surgical procedure that she asserted the defendant performed negligently, causing her to develop an infection, wound disruption, scarring, infertility, and other personal injuries. Thus, the plaintiff proceeded to file a medical malpractice lawsuit against the federal government pursuant to the FTCA, in which she asserted that the treating doctor was its employee and that her negligence caused the plaintiff harm. The defendant moved to dismiss the plaintiff’s claims arguing, among other things, that they were time-barred.

Notice Requirements in Medical Malpractice Cases Arising Under the FTCA

The court agreed with the defendant and granted its motion to dismiss. In doing so, it explained that the FTCA prohibits tort claims against the federal government unless they are presented, in writing, to the appropriate federal agency within two years of when the claim accrues or unless a lawsuit is begun within six months of when such agency mails a notice of final denial of the claim. Continue Reading ›

While there are risks associated with most surgical procedures, patients are usually aware of the potential complications that can arise and choose to proceed regardless. In some instances, though, mistakes made during surgery can cause a patient to suffer unanticipated injuries that not only cause physical pain but also lead to anxiety and depression. Recently, a New York court discussed a doctor’s assertion that physical harm caused by medical negligence could not impact a patient’s mental health status, in an opinion in which it ultimately rejected the doctor’s argument. If you were injured during a carelessly performed procedure, you have the right to seek compensation for your harm, and you should speak to a Syracuse medical malpractice lawyer to determine what evidence you must offer to establish liability.

The Plaintiff’s Allegations

It is reported that the defendant performed a hysterectomy on the plaintiff in September 2014. During the procedure, the defendant mistakenly cut the plaintiff’s right ureter. As a result, the plaintiff subsequently suffered from depression, difficult and painful urination, kidney and bladder dysfunction, and other issues. Accordingly, the plaintiff filed a medical malpractice lawsuit against the defendant, alleging his negligence caused her harm. The defendant moved for dismissal via summary judgment, but the court denied his motion. He then appealed.

A Doctor’s Liability for Mental Harm Caused by Medical Malpractice

On appeal, the court held that the trial court properly denied the defendant’s motion for summary judgment but clarified that it should have done so on different grounds. Specifically, the court noted that the medical expert affidavit submitted by the defendant neglected to address the plaintiff’s alleged psychological harm. Continue Reading ›

Emergency medical service (EMS) providers offer critical care to people suffering from acute health concerns. As with any medical care, however, people have the option of declining the treatment EMS providers offer. As discussed in a recent opinion issued in a New York medical malpractice case, if a person rejects an offer for such care, they are most likely precluded from pursuing medical malpractice claims against the providers on the grounds that they failed to provide them with adequate medical treatment. If you sustained harm because of the negligence of a medical professional, you have the right to seek compensation, and it is in your best interest to meet with a Syracuse medical malpractice lawyer to discuss what damages you may be owed.

Facts of the Case

It is reported that the plaintiff and his brother became involved in a physical altercation with a third party. Police responded to the scene of the altercation and, at some point, took the plaintiff down to the ground. EMS providers responded to the scene as well. The EMS providers cleared the plaintiff for transport, and he was taken to a police facility.

It is alleged that while he was there, he suffered a seizure. It was later determined that he had sustained a subdural hematoma, and he underwent an emergency craniotomy. The plaintiff filed a lawsuit against the city that employed the EMS providers setting forth claims that the providers committed medical malpractice and negligently treated the plaintiff. The EMS providers moved for summary judgment, but the court denied their motion. They then appealed. Continue Reading ›

The COVID-19 pandemic caused many people, including those living in federal facilities, to suffer irreparable harm. In some instances, such harm was brought about or exacerbated by the failures of medical professionals. While people harmed by the negligent rendering of care in a federal facility have the right to pursue compensation for their losses, they must make sure that their claims are properly pleaded and pursued in the appropriate forum otherwise, as illustrated in a recent New York ruling issued in a medical malpractice case, they may be dismissed. If you were injured by the carelessness of a healthcare provider, you might be owed damages, and you should speak to a Syracuse medical malpractice lawyer about your potential claims.

Factual and Procedural Background of the Case

It is reported that the plaintiff was confined to a facility owned and operated by the federal government during the COVID-19 pandemic. The plaintiff, who suffers from several chronic health conditions, alleged that the medical professionals that worked at the facility failed to take the measures necessary to protect him from pandemic-related health risks. Thus, he filed a lawsuit against the federal government, asserting claims of deliberate indifference to his serious medical needs in violation of his Eighth Amendment rights and medical malpractice. The federal government then moved to dismiss his claims.

Federal Court Jurisdiction Over State Law Medical Malpractice Claims

The court first assessed the plaintiff’s claims that the defendant violated his Eighth Amendment rights via its employees’ deliberate indifference to his critical medical needs, finding that the allegedly harmful actions failed to rise to the level necessary to meet the elements of his claim. As such, it granted the defendant’s motion to dismiss as to those claims. Continue Reading ›

New York law dictates that people pursuing damages in medical malpractice cases must prosecute their claims diligently. In other words, if they cause unnecessary delays in moving the case forward, they may be sanctioned. In some cases, such sanctions can include the dismissal of the plaintiff’s claims. Dismissal is a harsh penalty that is typically reserved for extreme cases, however, as noted in an opinion recently issued in a New York medical malpractice case. If you suffered losses due to the negligence of a physician, it is in your best interest to speak with a Syracuse medical malpractice lawyer about your potential claims.

Procedural Background of the Case

It is alleged that the plaintiff filed a medical malpractice lawsuit against the defendant in 2017. A short time later, the parties exchanged discovery requests. They then entered into discovery orders which included an order that required the plaintiff to appear for a deposition by a specific date, produce certain discovery, and file a note of issue by a certain time. The plaintiff produced the discovery, but neither party complied with the remainder of the order. About one year later, the defendant moved to dismiss the plaintiff’s complaint for failure to comply with discovery. The court granted the defendant’s motion and dismissed the plaintiff’s complaint. The plaintiff then appealed.

Sanctions for Failing to Prosecute a Case

On appeal, the court reversed the trial court ruling and reinstated the plaintiff’s complaint. In doing so, it stated that the trial court did not have the authority to dismiss the plaintiff’s claims due to general delay, when the defendant failed to serve the plaintiff with a 90-day demand to file and serve a note of issue. Continue Reading ›

When a patient suffers harm due to a doctor’s negligent performance of their duties, the doctor may be held liable for medical malpractice. Not all harm caused by medical professionals constitutes malpractice, though, as in some cases, an injury may be the result of simple negligence. In an opinion recently delivered by a New York court, the distinctions between negligence and medical malpractice were discussed. If you suffered harm while receiving medical treatment, you might be owed compensation, and you should speak to a Syracuse medical malpractice lawyer as soon as possible.

The Decedent’s Harm

It is reported that the decedent was a resident of the defendant’s nursing home. The decedent, who was in a wheelchair, was being transferred from the home to a doctor’s appointment via an ambulance owned by the defendant transportation group. When the defendant transportation group’s employee placed the defendant on the ambulance’s lift, she was propelled to the ground due to a lack of proper restraints. She sustained critical injuries in the fall that ultimately proved to be fatal.

It is alleged that the plaintiff filed a lawsuit against the defendants, asserting wrongful death claims. The defendants moved to compel the plaintiff to serve a notice of malpractice and certificate of merit pursuant to New York law. The trial court denied the defendants’ motion, and they appealed. Continue Reading ›

Expert testimony is a key element of New York medical malpractice cases. In other words, in most instances, it is necessary to establish the standard of care and to demonstrate that the defendant failed to comply with the standard. A plaintiff cannot avoid the obligation to offer expert testimony by attempting to couch medical malpractice claims as negligence, either, as demonstrated in a recent opinion issued by a New York court. If you were hurt by the negligence of a doctor, it is wise to meet with a Syracuse medical malpractice lawyer to determine what evidence you must produce to demonstrate liability.

The Facts of the Case

It is reported that the plaintiff suffered two gunshot wounds to his right arm in 2016 that caused the loss of sensation in his ring and pinky fingers of the right hand. He underwent treatment for his injuries at the defendant’s hospital; his care included occupational therapy and the use of hot and cold packs. During one appointment, the therapist left a hot pack on his hand for an extended period of time. When she removed it, the plaintiff noticed a blister.

Allegedly, the plaintiff visited the defendant’s emergency room on two different occasions but did not receive any treatment for his finger. He was later diagnosed with necrosis of the finger by another physician. He filed a medical malpractice lawsuit against the defendant seeking damages for his losses. The defendant moved for summary judgment, and the court granted the motion. The plaintiff appealed. Continue Reading ›