Articles Posted in Medical Malpractice

New York Court Discusses Proving Harm Arose Out of Medical Malpractice

Published on: August 4, 2022 | By Jeff DeFrancisco

Adverse outcomes following medical procedures are often the direct result of malpractice. In some cases, though, a procedure will fail, or a plaintiff will suffer complications despite the fact that the defendant rendered competent care. In such instances, it is unlikely that the defendant will be deemed liable for medical malpractice. This was demonstrated recently in an opinion dismissing a plaintiff’s medical malpractice case via summary judgment. If you were injured by a carelessly performed procedure, it is wise to talk to a Syracuse medical malpractice lawyer about your options for seeking damages.

The Plaintiff’s Care

It is reported that the plaintiff presented to the defendant for a hand surgery consultation after he injured his left pinky finger in a fall from his bicycle. The defendant examined the finger and noted that the joint was deformed. The plaintiff’s record indicated that he had injured the same finger eight months earlier but had tried to pull the finger into place himself rather than seeking treatment. The defendant advised the plaintiff that the best treatment option was a closed reduction. The plaintiff consented to the procedure.

It is alleged that the defendant attempted to manipulate the joint into place on two different occasions without success. He then attempted to perform an open reduction and internal fixation, which also failed. The plaintiff then underwent another reduction which was performed by a different doctor, which was unsuccessful as well. The second doctor then fused the joint. The plaintiff subsequently filed a medical malpractice lawsuit against the defendant. The defendant moved for summary judgment, and the court granted the motion, after which the plaintiff appealed. Continue Reading ›

New York Court Examines Proximate Cause in Medical Malpractice Cases

Published on: July 30, 2022 | By Jeff DeFrancisco

Emergency room doctors encounter a plethora of conditions that vary in severity throughout the course of their day. Regardless of what type of issues they are presented with, however, they have an obligation to offer treatment that complies with the standard of care. If the care they render falls outside of what is considered the accepted and good practice of medicine and causes a patient harm, it may be grounds for pursuing malpractice claims. Recently, a New York court analyzed whether a doctor’s behavior constituted malpractice in a case in which the plaintiff suffered brain injuries due to a missed diagnosis. If you were harmed by incompetent medical care, you should meet with a Syracuse medical malpractice lawyer to evaluate your potential claims.

Factual Background

It is reported that the plaintiff went to the defendant’s hospital after she was experiencing difficulty speaking or thinking and seeing flashing lights for most of the day. She was assessed as a 0 on the stroke scale. The defendant emergency room doctor ordered a brain MRI regardless but discharged her before it was reviewed. The defendant radiologist, who reviewed the MRI, found no evidence of stroke upon his first review, but upon a second review found a stroke.

Allegedly, the plaintiff returned to the hospital the following morning with additional symptoms. She subsequently filed a medical malpractice lawsuit against the defendants. The defendants moved for summary judgment at the close of discovery. The court denied the defendant radiologist’s motion but granted the defendant hospital’s and defendant doctor’s motion. The plaintiff and the defendant radiologist appealed. Continue Reading ›

New York Court Discusses Proving Liability in Medical Malpractice Cases

Published on: July 29, 2022 | By Jeff DeFrancisco

When administering tests or treatment, doctors must take care not only not to injure their patients but also not to worsen any existing injury. Doctors that fail to uphold this duty may be liable for medical malpractice. Proving a doctor exacerbated an existing injury may be difficult, as demonstrated in a recent New York medical malpractice case. If you suffered losses due to the negligent acts of your doctor, you have the right to pursue damages, and you should meet with a Syracuse medical malpractice lawyer as soon as possible.

History of the Case

It is reported that the plaintiff instituted a medical malpractice lawsuit against his general practitioner, a radiologist, an MRI provider, and a hospital based on the assertion that they were collectively responsible for the delayed diagnosis of tumors on his spine that ultimately caused his paraplegia. The defendants moved for summary judgment while the plaintiff moved to amend his bill of particulars. The court denied the defendants’ motion and granted the plaintiff’s motion. The defendants then appealed.

Proving Liability for Worsening an Existing Injury

On appeal, the court reversed the trial court’s ruling as to the general practitioner but otherwise affirmed. The court found that the general practitioner showed, prima facie, that he did not deviate from the good and accepted practice of medicine via an expert affidavit. The expert also noted that as soon as the general practitioner noted abnormalities on the plaintiff’s CT scan, he referred him to a specialist. Continue Reading ›

New York Court Discusses Grounds for Vacating a Jury’s Verdict in a Medical Malpractice Case

Published on: July 23, 2022 | By Jeff DeFrancisco

Generally, parties in medical malpractice cases will ask a jury, rather than a judge, to determine issues like liability and damages. Even if a jury is tasked with resolving factual disputes, a judge will preside over the case and determine what evidence and questions are permitted. If a judge rules incorrectly, it may adversely impact the case and may be grounds for overturning the jury’s verdict. This was demonstrated recently in a New York medical malpractice case in which the verdict against the defendant was vacated. If you sustained injuries because of negligent medical care, it is advisable to speak to a Syracuse medical malpractice lawyer about your options for seeking justice.

Procedural Background of the Case

Reportedly, the decedent underwent surgery in 2009, during which her lung was removed. She was diagnosed with lymphoma after the surgery and died approximately a year later from the illness. The plaintiff, the administrator of the decedent’s estate, filed a wrongful death and medical malpractice lawsuit against the defendant, who was the decedent’s doctor, due to his delay in diagnosing the decedent with lymphoma.

It is alleged that the case proceeded to trial, and the jury found in favor of the plaintiff, awarding her over $2.7 million in damages. The defendant filed multiple post-trial motions, including a motion to set aside the jury verdict and for a new trial in the interest of justice. The trial court denied his motions, and he appealed. Continue Reading ›

New York Court Looks at What Constitutes a Deviation from the Standard of Care in a Medical Malpractice Case

Published on: July 16, 2022 | By Jeff DeFrancisco

Patients typically rely on doctors to not only manage and treat existing medical conditions but also to prevent new conditions from arising. Unfortunately, doctors do not always take the measures necessary to prevent their patients from developing critical illnesses, which can lead to irreparable harm. It may also constitute grounds for pursuing a medical malpractice claim. Recently, a New York court discussed whether a doctor’s failure to notice a patient was at risk of suffering a stroke was grounds for imposing liability in a case in which the defendant sought dismissal of the claims against him. If you suffered preventable harm due to your doctor’s negligence, you should speak to a Syracuse medical malpractice lawyer about your right to seek compensation.

The Facts of the Case

It is reported that the plaintiff was brought to the defendant hospital’s emergency department due to symptoms that indicated she could be suffering a stroke, such as weakness, a headache, and dizziness. The defendant doctor ordered a CT scan of the brain, which a second doctor interpreted as normal. The defendant doctor examined the plaintiff and did not observe any signs that she was suffering from a stroke.

Allegedly, the defendant doctor ultimately diagnosed the plaintiff with a urinary tract infection and discharged her. The following day, the plaintiff was unable to move and was taken to a different hospital, where she was diagnosed as having suffered a stroke. She filed a medical malpractice lawsuit against the defendants, who in turn moved for summary judgment. The court denied their motion, and they appealed. Continue Reading ›

Court Examines Proof Needed to Show a Doctor Departed from the Standard of Care

Published on: July 11, 2022 | By Jeff DeFrancisco

Many people suffer from chronic conditions that they manage through medication. While many drugs have side effects, they are often outweighed by their benefits. If a patient cannot withstand the side effects of a medication, though, their physician may choose another course of care. There are risks associated with stopping a drug as well, and if a doctor does not follow the proper procedure, it can lead to irreparable harm. This was illustrated recently in a New York case in which the court discussed whether the discontinuance of a drug could constitute medical malpractice. If you were harmed by the negligence of a physician, it is prudent to meet with a Syracuse medical malpractice attorney to discuss your possible causes of action.

The Decedent’s Harm

It is reported that the decedent suffered from high cholesterol. As such, he was prescribed a statin medication that helps prevent the risk of myocardial infarctions. One year later, a doctor employed by the defendant discontinued the prescription due to negative side effects. A year after that, the defendant died. The cause of his death was a myocardial infarction. The plaintiff instituted a wrongful death and medical malpractice lawsuit against the defendant, alleging that the doctor’s discontinuance of the statin departed from the accepted practice of medicine and caused the decedent’s death. The plaintiff then moved for summary judgment.

Proving a Doctor Departed from the Standard of Care

Under federal law, a court may only grant a motion for summary judgment if there are no genuine issues of material fact that require a trial, and judgment is warranted as a matter of law on the facts as to which there is no dispute. In assessing a motion for summary judgment, the court cannot try factual issues; instead, it can only evaluate whether there are issues that need to be tried. Continue Reading ›

New York Court Discusses Federal Jurisdiction over Medical Malpractice Claims

Published on: June 25, 2022 | By Jeff DeFrancisco

People aggrieved by medical malpractice generally have the right to pursue claims in the forum of their choosing. There are limits to that right, though. Among other things, they can only present their claims to a court if they are within the court’s jurisdiction. If the court finds that a plaintiff’s case is not properly before them, it may dismiss it, as demonstrated in a recent ruling issued by a New York court in a medical malpractice case. If you or a loved one suffered harm due to the negligence of a medical professional, it is wise to confer with a Syracuse medical malpractice attorney to determine your rights.

The Plaintiff’s Allegations

It is alleged that the plaintiff, as the administrator of the decedent’s estate, filed a pro se medical malpractice claim against the defendant, a county medical examiner. The impetus of the plaintiff’s claim was not provided, and she did not provide any facts regarding the defendant’s alleged medical negligence. She filed an application to proceed in forma pauperis as well. The magistrate judge assigned to the case denied the plaintiff’s application and recommended that her complaint be dismissed without prejudice due to lack of jurisdiction.

Federal Jurisdiction over Medical Malpractice Claims

The court explained that when a plaintiff requests to proceed in forma pauperis, the court must dismiss their case if at any time they assess that the action is malicious or frivolous, neglects to state a claim on which relief may be granted, or pursues monetary damages from a party that is immune from such relief. Continue Reading ›

New York Court Discusses Expert Qualifications in Medical Malpractice Cases

Published on: June 15, 2022 | By Jeff DeFrancisco

Most doctors undergo training for their specialty and have little experience working in other areas. This does not mean that a doctor can only offer expert testimony in medical cases involving the precise area of their practice, however. Instead, as shown in a recent New York opinion, a doctor can offer expert testimony outside of their field if they are otherwise qualified. If you were hurt by a negligent doctor, it is in your best interest to speak to a Syracuse medical malpractice lawyer about what evidence you need to produce to demonstrate liability.

The Facts of the Case

It is alleged that the decedent, who was 61 years old, presented to the emergency department of the defendant hospital with complaints of shortness of breath. He underwent a chest x-ray and was diagnosed with pneumonia. The radiologist that interpreted his chest x-ray noted that he had a normal-sized heart, and his lungs showed mild bibasilar interstitial prominence. He was subsequently discharged with a prescription for antibiotics and a directive to follow up with his primary care doctor.

Reportedly, he underwent a second chest x-ray that showed his heart was at the upper limit of normal, and his lungs were clear. He continued to suffer from chest pain and shortness of breath. Approximately six months later, he died from systolic heart failure and dilated cardiomyopathy. His wife then filed a medical malpractice lawsuit against the hospital and the radiologists who interpreted his chest x-rays. The defendants moved for summary judgment on the grounds that the plaintiff’s experts were not qualified to offer opinions on the standard of care that applied to radiologists. The court granted the motion, and the plaintiff appealed. Continue Reading ›

Court Discusses Demonstrating Proximate Cause in New York Medical Malpractice Cases

Published on: June 11, 2022 | By Jeff DeFrancisco

Although doctors have an obligation to provide their patients with competent care, it is not uncommon for a doctor to make mistakes during the treatment of a patient. While medical negligence may provide grounds for pursuing a medical malpractice claim, a careless physician will only be held accountable if their negligence proximately caused a patient to suffer harm. In other words, negligence, in and of itself, does not constitute medical malpractice, as explained in a recent New York ruling. If you suffered harm because of the recklessness of your treatment provider, you have the right to seek compensation, and you should meet with a Syracuse medical malpractice lawyer.

Facts of the Case

It is reported that the plaintiff underwent a mastectomy of her right breast in 1998 due to breast cancer. She began to experience breast pain in 2010 and advised her physiatrist of her symptoms. The physiatrist prescribed her an ultrasound, which she underwent; the results were normal. She subsequently underwent an MRI, which revealed a mass in her right breast. The plaintiff intercepted the communication between the physiatrist and the radiologist describing the abnormality.

Allegedly, a second doctor that plaintiff saw referred her to a breast surgeon, who provided her with referrals for additional testing and stressed the urgency of her situation. The plaintiff did not feel comfortable with the surgeon, however, and delayed seeking any additional treatment for one year. When she sought care, she was diagnosed with Stage IV breast cancer. She filed a lawsuit against her treatment providers, alleging that their delayed diagnosis worsened her prognosis. The defendant’s moved for summary judgment, and the court ruled in their favor. The plaintiff appealed. Continue Reading ›

New York Court Grants Summary Judgment in Favor of Plaintiff in a Medical Malpractice Case

Published on: June 6, 2022 | By Jeff DeFrancisco

In medical malpractice cases, the parties will usually disagree on issues like liability and damages. In such matters, the courts will generally determine that there is a factual dispute sufficient to require a trial. In other words, it is unusual for a court to rule in favor of one party as a matter of law. While summary judgment is rare in medical malpractice cases, it can occur, as demonstrated recently by a New York ruling. If you were harmed by the negligence of your doctor, you could be owed damages, and you should speak to a Syracuse medical malpractice attorney as soon as possible.

The Facts of the Case

It is reported that the decedent visited the defendant hospital with complaints of chest pain and shortness of breath. When he was at the hospital, he was examined by the defendant physicians. He ultimately suffered a ruptured aorta and died. The plaintiff, the administrator of the decedent’s estate, filed a lawsuit against the defendants, alleging they failed to diagnose or treat the decedent’s aortic dissection, resulting in his death. She asserted wrongful death and medical malpractice claims against them. After the completion of discovery, the plaintiff moved for judgment in her favor via summary judgment. The court ruled in favor of the plaintiff, and the defendant appealed.

Summary Judgment in Medical Malpractice Cases

On appeal, the court affirmed the trial court ruling. In doing so, it explained that contrary to the defendants’ assertions, the plaintiff met her burden of proving she was entitled to judgment as a matter of law. Specifically, she set forth the affirmation of a medical expert who explained his qualifications and stated that, after reviewing the medical records, he determined that the defendants acted negligently and that their negligence impacted the decedent’s health. Continue Reading ›