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Healthcare providers who recklessly cause their patients harm are often reluctant to concede their liability. Additionally, in some cases, they may go so far as to attempt to overturn a jury’s verdict, deeming them liable. If a jury’s verdict is reasonable upon consideration of the evidence, though, it should be upheld, as demonstrated in a recent New York ruling. If you sustained injuries because of inadequate medical care, it is smart to meet with a Rochester medical malpractice attorney regarding your options.

Facts of the Case and Procedural History

It is reported that the plaintiff filed a medical malpractice and wrongful death lawsuit against the defendant, a physician, alleging that his treatment of the decedent, who died by suicide, was substandard. The decedent had been under the defendant’s care in the days and weeks leading up to his death, including an office visit just hours before. A jury found that the defendant had deviated from the standard of care and had failed to send the decedent to the emergency room the day before his death, which were substantial factors in causing the decedent’s death.

Allegedly, the jury awarded the plaintiff damages totaling approximately $10,000. The defendant then moved to set aside the verdict, arguing that there was insufficient evidence to support the findings on the standard of care and proximate cause, and alternatively requested a new trial on liability and damages. The trial court granted the defendant’s motion to set aside the verdict on the issue of proximate cause, dismissing the complaint against him. The court did not address the remaining branches of the defendant’s motion due to this dismissal, and judgment was entered in favor of the defendant. The plaintiff appealed. Continue Reading ›

People pursuing compensation for harm caused by incompetent medical care will often ask a jury to determine issues such as fault and damages. If a jury rules against a plaintiff, the plaintiff can appeal if they believe that the jury’s verdict does not comport with the evidence. Establishing that a jury’s verdict should be reversed can be challenging, though, as illustrated in a recent New York case. If you were hurt by the carelessness of a doctor, you may be able to recover damages in a medical malpractice case, and you should talk to a Rochester medical malpractice attorney.

Factual Background and Procedural History

It is alleged that the decedent was diagnosed with melanoma following a biopsy of a lesion on her right thigh conducted in February 2015 by the defendant, a dermatologist. The decedent passed away in September 2016. The plaintiff, acting individually and as the administrator of the decedent’s estate, initiated a lawsuit seeking damages for medical malpractice and wrongful death. A trial ensued, and the jury concluded that the defendant did not deviate from accepted standards of medical care.

It is reported that post-trial, the plaintiff sought to amend the pleadings to conform to the evidence presented at trial, but the trial court denied this motion. Subsequently, the court clerk issued a judgment based on the jury’s verdict in favor of the defendants, resulting in the dismissal of the plaintiff’s amended complaint. The plaintiff appealed both the order and the judgment. Continue Reading ›

People who visit hospitals for critical conditions will often be cared for by multiple doctors. As such, if the care they receive is inadequate and they subsequently suffer harm, they may be able to pursue claims against everyone involved in their care. While it is not uncommon for numerous defendants to deny liability, they will most likely not be able to obtain judgment in their favor prior to trial unless they present clear and unrefuted evidence that they did not cause the plaintiff harm, as demonstrated in a recent New York opinion. If you suffered losses due to medical negligence, it is advisable to speak with a Rochester medical malpractice attorney about your possible claims.

Case Setting

It is alleged that the defendants treated the decedent in July and August of 2013. The plaintiff, acting as the administrator of the decedent’s estate, subsequently initiated a medical malpractice lawsuit against the defendant doctors and hospital in May  2016. Initially, the defendants moved to dismiss the claims as time-barred, which the court granted. The plaintiff appealed; while the appeal was pending, the defendants also sought summary judgment on the merits, which the court granted, dismissing the entire action.

It is reported that the court later reversed the dismissal, ruling that the statute of limitations was tolled due to the decedent’s death in August 2015. The defendants subsequently renewed their summary judgment motions, which were denied in May 2023, pending further discovery. Following additional depositions, the defendants again moved for summary judgment. Continue Reading ›

Doctors working in numerous specialties tend to people in hospital emergency rooms, offering treatment options based on their assessment of a patient’s concerns. If an emergency room doctor makes the wrong call, appropriate care may be delayed or not administered at all, which can result in significant complications. In such instances, the doctor may be liable for medical malpractice. In many medical malpractice cases arising out of emergency room care, whether the defendant is deemed liable hinges on the credibility of the parties’ experts, as discussed in a recent New York ruling. If you were hurt due to an emergency room physician’s recklessness, it is important to understand your rights, and you should talk to a Rochester medical malpractice attorney.

History of the Case

It is alleged that the decedent presented to the emergency department of a hospital complaining of right ankle pain and numbness. A podiatric resident, along with the defendant, the on-call orthopedic surgeon, assessed the decedent. Approximately two weeks later, the decedent was admitted to the hospital and ultimately underwent a below-the-knee amputation of his right leg due to acute/subacute ischemia.

Reportedly, the decedent and his wife initiated a medical malpractice lawsuit against the defendant, among others, alleging that he deviated from the standard of care by failing to conduct a proper orthopedic assessment of the decedent. The defendant moved for summary judgment, but the trial court denied his motion. The defendant subsequently filed an appeal. Continue Reading ›

Teaching hospitals often offer patients the most advanced care and cutting-edge treatments. In most teaching hospitals, residents provide care to patients, under the supervision of attending physicians. If a patient cared for by a resident subsequently suffers harm, it can be difficult to establish that the resident should be liable for medical malpractice, as discussed in a recent opinion delivered in a New York medical malpractice case. If you were harmed during a procedure performed by a resident, it is worthwhile to meet with a Rochester medical malpractice lawyer as soon as possible.

Factual and Procedural Setting

Allegedly, the plaintiff underwent a pediatric scoliosis surgery, that included a procedure known as a facetectomy. The defendant resident, who was in his fourth year of residency, performed the procedure under the supervision of the defendant doctor, who was employed by the defendant hospital and had privileges at the defendant health system.

It is reported that the plaintiff subsequently suffered a spinal cord injury, after which she filed a medical malpractice complaint against the defendants. The defendants moved for summary judgment, but the court denied their motion. They then appealed. Continue Reading ›

Parents often rely on medical professionals to diagnose and treat their children if they become ill. While many children receive competent care, some are tragically offered substandard treatment, and the results of such incompetence frequently cause devastating injuries. Doctors accused of malpractice will often proffer affidavits stating that they complied with the standard of care in order to avoid liability. If the plaintiff submits a contradictory affidavit, however, the courts will likely determine that the disputed issues must be determined by a jury, as demonstrated in a recent New York medical malpractice case. If you or your child were harmed by negligent medical care, it is smart to meet with a Rochester medical malpractice lawyer at your earliest convenience.

Case Setting

It is reported that the plaintiffs initiated a case seeking damages for medical malpractice against multiple defendants, including healthcare professionals and medical institutions. The complaint alleged negligence in the care and treatment of the plaintiff’s minor child, who suffered from viral encephalitis.

Allegedly, the complaint further asserted that the defendants’ incompetence resulted in the minor child suffering incapacitating injuries that rendered them dependent on others for daily activities. The defendants collectively filed a motion for summary judgment to dismiss the claims against them, which the trial court denied. Both sets of defendants separately appealed the denial of their summary judgment motions. Continue Reading ›

People who experience losses due to the carelessness of healthcare providers have the right to pursue claims for damages. They must act promptly, though, because if they do not, their claims may be barred by the statute of limitations. While legal theories, like the relation back doctrine, can act to toll the statute of limitations, they only apply if certain conditions are met, as discussed in a recent New York ruling issued in a medical malpractice lawsuit. If you have questions pertaining to pursuing claims against negligent medical professionals, it is wise to speak with a Rochester medical malpractice lawyer.

Facts of the Case

It is alleged that the plaintiff filed a medical malpractice complaint that stemmed from the care and treatment of the decedent’s lower extremity during February and March 2015. Initially, the action was filed against two of the named defendants. However, the third defendant received a subpoena to testify as a non-party witness in October 2018, indicating the plaintiff’s awareness of the third defendant’s involvement in the decedent’s care. Subsequently, in April 2023, the plaintiff amended the complaint to include the third defendant.

Reportedly, the third defendant subsequently filed a motion to dismiss a supplemental summons and amended complaint alleging medical malpractice, lack of informed consent, and wrongful death, contending that the claims were time-barred by the statute of limitations. Continue Reading ›

It is not uncommon for an expectant mother to receive care from one physician during her pregnancy and for another doctor to deliver her baby. If errors arise during the birthing process, then it may not immediately be clear who is liable. As demonstrated in a recent New York opinion delivered in a birth injury case, if there is conflicting evidence regarding a doctor’s involvement during delivery, the matter may need to proceed to trial. If you or your child sustained injuries due to inadequate treatment, it is wise to speak to a Rochester medical malpractice lawyer about your options.

History of the Case

It is alleged that the plaintiff mother had been receiving prenatal care from the defendant ob-gyn, a doctor associated with the defendant ob-gyn practice who had admitting privileges at the defendant hospital. The plaintiff mother presented to the defendant hospital with concerns about decreased fetal movement. She was admitted, and labor was induced; the labor progressed, but complications arose, including reported instances of bleeding and non-reassuring fetal heart rate.

It is reported that contrary to certain hospital records indicating the defendant ob-gyn’s involvement, they weren’t physically present during the plaintiff mother’s admission. The infant was born with severe health issues, including hypoxic encephalopathy and sepsis, and despite medical intervention, she passed away five days later. The plaintiff mother then brought a medical malpractice suit against the defendants. Defendants moved for summary judgment, which the plaintiff mother opposed. Continue Reading ›

The COVID-19 pandemic caused unprecedented changes in the way we live our lives. Among other things, it altered the healthcare system and the level of care people could expect with regard to the diagnosis and treatment of the coronavirus. While some of the laws providing immunity to healthcare providers for actions taken in response to COVID-19 have been repealed, they nonetheless may still apply to older claims, as demonstrated by a recent opinion issued by a New York court in a nursing home negligence case. If you or someone you love sustained losses due to the negligence of healthcare providers in a nursing home setting, you have the right to pursue claims for your losses, and it is advisable to contact a Rochester medical malpractice lawyer as soon as possible.

Case Setting

It is reported that the plaintiff, acting as the administratrix of the decedent’s estate, filed a lawsuit alleging that the defendant’s negligence led to the decedent’s death from COVID-19. The complaint asserted that the defendant failed to implement proper infection control measures despite prior warnings, resulting in the decedent’s death. The plaintiff’s claims included violations of Public Health Law, negligence, gross negligence, and wrongful death. The defendant moved to dismiss these claims under various immunity defenses provided by state and federal laws, including the New York State Emergency or Disaster Treatment Protection Act (EDTPA), the federal Public Readiness and Emergency Preparedness Act (PREP Act), and New York State Executive Order No. 202.10.

COVID-19 Related Medical Malpractice Claims

The court reviewed the defendant’s motion to dismiss, considering whether the plaintiff’s claims fit within any cognizable legal theory. Regarding the causes of action for negligence, violations of Public Health Law, and wrongful death, the court found that the EDTPA provided immunity to healthcare facilities like the defendant for actions taken in response to the COVID-19 pandemic. Although the EDTPA was repealed, the repeal did not apply retroactively as established in previous appellate division rulings. As such, the court found that the defendant was entitled to immunity under the EDTPA, leading to the dismissal of these claims. Continue Reading ›

In treatment settings, a patient will receive care from multiple providers. As such, if the patient subsequently suffers injuries due to the treatment provided, they will seek damages from everyone doctor that contributed to their harm. In such instances, it is important to name the correct parties and pursue the claims in the appropriate jurisdiction, as demonstrated by a recent opinion issued in a New York case involving medical malpractice claims against a federal employee. If you were hurt by a careless doctor, you may be owed damages, and you should speak to a Rochester medical malpractice lawyer about your options.

Procedural and Factual History of the Case

It is alleged that in August 2021, the plaintiffs, acting as parents and natural guardians of their infant child, filed a negligence and medical malpractice suit against several defendants, including a medical doctor employed by the United States Army, who was accused of multiple errors during the delivery of the child. Later, plaintiffs voluntarily dismissed their claims against the doctor upon learning of his federal employment status.

It is reported that another defendant, however, filed a third-party complaint against the army doctor, seeking indemnification and contribution. The army doctor removed the third-party action to federal court and moved to substitute the United States as a party and dismiss the action, or alternatively, to stay the proceedings. Plaintiffs joined the army doctor’s motion to dismiss and remand the case back to state court, indicating they did not intend to add the army doctor or the United States as parties. Continue Reading ›

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