Syracuse Personal Injury Law Blog
When a patient suffers harm after receiving medical care, their inclination may be to seek compensation from the provider that they believe caused their harm. Merely because a plaintiff sustained injuries does not mean that they will be able to establish that their losses were caused by medical malpractice, though. This was illustrated in a ruling issued by a New York court in a hospital malpractice matter. If you were hurt by the negligence of your health care providers, it is prudent to confer with a Syracuse medical malpractice lawyer about your options.
The Facts of the Case
It is alleged that the plaintiff gave birth to an infant at the defendant hospital. The defendant doctor delivered the infant and the plaintiff’s placenta, which appeared to be intact. Following the delivery, the plaintiff declined to let the defendant doctor examine her uterus and left the hospital against medical advice. She returned two weeks later, however, reporting that she had been bleeding heavily for five days.
It is reported that the plaintiff was diagnosed with a condition where the tissue of her retained placenta grew into the wall of her uterus and had to undergo a hysterectomy. She subsequently filed medical malpractice claims against the defendants. The defendants moved for summary judgment, and the court granted their motions. The plaintiff then appealed.
Establishing Medical Malpractice
Pursuant to New York law, in order to prove a doctor should be held liable for medical malpractice, a plaintiff must show that the doctor departed from the standards of practice that are accepted in the community and that the deviation proximately caused the plaintiff’s harm. As such, a defendant seeking summary judgment in a medical malpractice case must show, prima facie, that they either did not breach the standard of care or that any violation did not result in the plaintiff’s harm.
If a defendant meets its burden of proof, the burden shifts to the plaintiff, who must then rebut the defendant’s evidence by raising a triable issue of fact as to both the violation and causation elements. While conflicting expert reports normally raise credibility issues that must be resolved by a jury, expert opinions that are speculative, conclusory, or lack evidentiary support are inadequate to demonstrate that a triable issue of fact exists.
In the subject case, the appellate court explained that the defendants met their burdens of proof via expert affidavits. The report submitted by the plaintiff in response, however, did not address the defendant’s expert’s specific allegations. As such, the trial court ruling was affirmed.
Meet with a Seasoned Syracuse Medical Malpractice Lawyer
People harmed by careless physicians have the right to pursue medical malpractice claims, but if they cannot establish that their injuries were caused by a doctor’s breach of the standard of care, they may be denied compensation. If you were injured by the recklessness of a doctor, it is advisable to meet with a medical malpractice lawyer to evaluate your potential claims. The seasoned attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your rights and gather any evidence that will support you in your pursuit of damages. You can reach us via our online form or by calling us at 833-200-2000 to set up a conference.