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.
In other words, they must either establish that there was no deviation from the accepted community standards of practice or that any such deviation did not proximately cause the plaintiff’s harm. If the defendant meets this burden, the plaintiff must offer evidence that a triable issue of fact exists as to at least one of the elements in order to withstand summary judgment.
In the subject case, the defendant submitted an affirmation of an expert doctor who testified that the plaintiff’s treatment plan comported with the good and accepted practice of medicine and that no behavior on behalf of the defendant’s staff harmed the plaintiff. In response, the plaintiff failed to raise a triable issue of fact. Thus, the court affirmed the trial court ruling.
Meet with an Assertive Syracuse Medical Malpractice Attorney
Doctors have a responsibility to manage their patient’s health, and if they harm rather than help the people they treat, they should be held accountable. If you were injured by the acts or omissions of your physician, it is wise to meet with an attorney about your rights. The assertive Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are proficient at helping the victims of medical negligence seek justice, and if you hire us, we will work tirelessly on your behalf. You can reach us through our form online or by calling us at 833-247-8427 to set up a meeting.