Articles Posted in Medical Malpractice

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 ›

Many chronic and acute conditions require surgical procedures. While surgery offers typically offers numerous benefits, people usually experience significant pain after their procedures are complete. Fortunately, such discomfort is readily managed with medication. If a doctor fails to prescribe or administer an appropriate drug, it can lead to endue suffering and emotional trauma and may be grounds for pursuing a medical malpractice claim. A party pursuing such claims bears the burden of proving the care offered by their doctor deviated from the accepted practice of medicine, and if they cannot meet their burden, their claims may be dismissed, as demonstrated in a recent New York ruling. If you were injured due to an incompetent doctor, it is smart to confer with a Syracuse medical malpractice lawyer to discuss your right to pursue compensation.

Facts of the Case

It is alleged that the plaintiff underwent an anterior and posterior lumbar spinal decompression and fusion surgery which was performed at the defendant’s hospital. After the surgery was complete, the plaintiff experienced extreme pain, and she later developed post-traumatic stress disorder due to the trauma. She then filed a medical malpractice lawsuit against the defendant, arguing that its staff failed to provide her with an adequate amount of pain medication after surgery. The defendant filed a motion for summary judgment which the court granted. The plaintiff appealed.

Establishing Liability in a Medical Malpractice Case

On appeal, the court upheld the trial court ruling. The court explained that under New York law,  a defendant moving for summary judgment in their favor in a medical malpractice case must prove that there are no material issues of fact with regard to at least one of the elements of a medical malpractice case. Continue Reading ›

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 ›

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 ›