Syracuse Personal Injury Law Blog

Typically, parties in a medical malpractice case will settle their disputes prior to going to trial. If a matter is tried, however, issues of liability and damages will likely be assessed by a jury rather than a judge. While juries are tasked with assessing the evidence presented and making a determination based on that evidence, they do not always issue verdicts in accordance with the evidence. Fortunately, though, the law allows parties to ask the courts to set aside verdicts in medical malpractice matters in which they believe the jury’s verdict is improper. The grounds for vacating a medical malpractice verdict were the topic of a recent New York ruling issued in an allergist malpractice case. If you suffered harm due to the negligence of your allergy doctor, it is smart to meet with a Syracuse medical malpractice lawyer to assess your options for seeking compensation.

The Facts of the Case

It is reported that the decedent contacted the defendant allergist regarding an allergic reaction. The defendant concluded the decedent’s reaction was caused by a blood pressure medication that he had been taking for the last three years and advised him to stop taking the medication. The defendant saw the decedent on two additional occasions and again confirmed he was no longer taking the drug that caused the reaction.

Allegedly, the defendant failed to confer with the decedent’s primary care physician to inform him the decedent should no longer be taking the medication. The decedent collapsed and died a few weeks later. The cause of death was determined to be anaphylactic shock caused by the drug pressure medication. The decedent’s estate filed a medical malpractice case against the defendant. The cause proceeded to trial, and the jury found in favor of the plaintiff. The defendant then filed a motion to set aside the verdict. Continue reading

Medical malpractice trials can be costly and emotionally exhausting, and litigants run the risk that the judge or jury determining liability will rule against them regardless of how persuasive their evidence is. Thus, in many cases, it is prudent for a plaintiff in a medical malpractice case to settle their claims prior to trial. Settling a case is not always as straightforward as merely accepting a defendant’s offer, though, as demonstrated in a recent New York ruling. If you were injured by inadequate medical care, it is smart to speak to Syracuse medical malpractice lawyer regarding your rights.

The Facts of the Case

It is reported that the decedent went to an urgent care facility funded by the federal government, with complaints of shortness of breath and chest pain lasting a week. He underwent an EKG which was reviewed by the attending physician’s assistant, who assessed it as “OK” but noted a “few PVCs.” She diagnosed the decedent with gastroesophageal reflux disease and sent him home. The following morning, the decedent was found deceased. An autopsy revealed the cause of his death to be a cardiac arrhythmia which was caused by arteriosclerotic heart disease.

Allegedly, the plaintiff filed a wrongful death lawsuit against the defendant pursuant to the Federal Tort Claims Act (the Act). The plaintiff’s expert subsequently opined that if the physician’s assistant had complied with the standard of care, the decedent’s condition would have been properly treated, and he would still be alive. The parties proceeded to mediation and were able to reach a settlement agreement. The plaintiff then filed a motion for approval of the settlement. Continue reading

Delays in obtaining an accurate diagnosis can have grave consequences. As such, doctors who carelessness neglect to provide their patients with a timely diagnosis should be held accountable. A plaintiff harmed by a doctor’s inattentive care can often recover damages for medical malpractice, but if the doctor was a federal employee, the plaintiff must provide adequate notice of the claim prior to filing a lawsuit. The obligations imposed on plaintiffs pursuing claims against medical professionals that are government employees were the topic of a recent opinion issued in a New York primary care malpractice case. If you suffered harm due to the negligence of your primary care physician, it is in your best interest to meet with a Syracuse medical malpractice lawyer to discuss your rights.

The Plaintiff’s Harm

It is reported that the plaintiff complained of painful urination, foul-smelling urine, and other urological symptoms to the defendant primary care physician on numerous occasions. At the time he was experiencing symptoms, the plaintiff was living in a federal facility, and the defendant physician was a federal employee. Despite his complaints, the defendant did not perform a urine culture or refer the plaintiff to a specialist. When he ultimately went to a specialist a year and a half later, he was diagnosed with Stage IV prostate cancer.

It is alleged that the cancer then spread to his spine, causing him to be paraplegic. He subsequently filed medical malpractice claims against the defendant physician and negligent hiring claims against the defendant facility, pursuant to the Federal Tort Claims Act (the Act). The defendants then moved to dismiss the plaintiff’s claims. Continue reading