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\u2019s 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.<\/p>\n
The Facts of the Case<\/strong><\/p>\n 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\u2019s assistant, who assessed it as \u201cOK\u201d but noted a \u201cfew PVCs.\u201d 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.<\/p>\n Allegedly, the plaintiff filed a wrongful death lawsuit against the defendant pursuant to the Federal Tort Claims Act (the Act)<\/a>. The plaintiff\u2019s expert subsequently opined that if the physician\u2019s assistant had complied with the standard of care, the decedent\u2019s 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 \u203a<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" 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 […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-3278","post","type-post","status-publish","format-standard","hentry","category-medical-malpractice"],"yoast_head":"\n