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New York Court Explains Establishing Liability for Inadequate Post-Surgical Care

After people undergo surgical procedures, it is critical that they receive appropriate care. Thus, if healthcare providers fail to take the post-surgical measures necessary to prevent them from developing infections and other complications, they may be liable for medical malpractice. The standard of care imposed on medical professionals providing post-operative treatment was the topic of a recent opinion delivered by a New York court in a medical malpractice case. If you were hurt by inadequate medical care, you have the right to pursue claims against the parties that caused your losses, and it is wise to talk to a Syracuse medical malpractice attorney promptly.

The Facts of the Case

It is reported that the plaintiff sought treatment from the defendant doctor for arthritis in his right hip. The defendant doctor recommended that the plaintiff undergo hip replacement surgery; the plaintiff consented to the procedure, which the defendant performed without incident. The plaintiff remained in the hospital for several days following the surgery, where he was monitored and cared for by the defendant doctor and defendant physician assistant.

Allegedly, the defendant developed a decubitus ulcer on his buttocks during his admission that required further hospitalization and extensive care. He subsequently filed a medical malpractice lawsuit against the defendants, arguing they deviated from the standard of care, causing him to develop the decubitus ulcer. The defendants moved for summary judgment, but the court denied their motion. The defendants appealed.

Establishing Liability for Inadequate Post-Surgical Care

The trial court ruling was affirmed on appeal. The court explained that as the moving parties, the defendants were required to offer proof demonstrating that they did not depart from the accepted practice of medicine or that if they did, such deviation did not proximately cause the plaintiff’s harm.

The court noted that the defendants submitted expert affirmations sufficient to meet their burden of proof, which shifted the burden to the plaintiff, who was required to present evidence in the form of an expert medical opinion demonstrating a deviation from the accepted practice of medicine and linking the deviation to the plaintiff’s harm.

Here, the plaintiff offered the expert affirmation of an orthopedic surgeon, who refuted the defendants’ expert’s allegations by setting forth the various ways in which the defendants departed from the standard of care and linking such acts and omissions to the plaintiff’s harm. Thus, the court affirmed the trial court ruling.

Confer with a Trusted Syracuse Medical Malpractice Attorney

Mistakes and oversights made by healthcare professionals providing post-surgical care can lead to significant injuries and may be grounds for pursuing damages in a medical malpractice lawsuit. If you suffered losses due to the negligence of a doctor or nurse, it is in your best interest to speak to an attorney about your rights. The trusted Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are adept at helping people recover damages from reckless healthcare providers, and if we represent you, we will work tirelessly on your behalf. You can contact us by using our form online or by calling us at 833-247-8427 to set up a meeting.

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