Rochester Medical Malpractice and Personal Injury Lawyer Blog
In medical malpractice litigation, plaintiffs must not only allege that healthcare providers deviated from accepted standards of care; they must also demonstrate that such deviations directly caused the harm in question. This causation requirement often proves challenging, particularly in complex obstetric cases. A recent New York decision highlights this standard, as the court affirmed summary judgment in favor of a hospital and physician accused of negligent prenatal care following the stillbirth of a fetus. If you have suffered harm as a result of inadequate medical care during pregnancy or childbirth, an experienced Rochester medical malpractice attorney can help you determine whether you have a viable claim.
Factual and Procedural Background
It is alleged that the plaintiff received prenatal care at the defendant hospital under the supervision of the defendant physician. The plaintiff claimed that both the hospital and physician deviated from accepted standards of obstetrical care during the course of her pregnancy, ultimately resulting in the stillbirth of her child. The plaintiff commenced a lawsuit asserting medical malpractice and sought damages for the emotional and physical injuries she allegedly sustained due to this outcome.
It is reported that during the litigation, the plaintiff attempted to compel the defendants to produce certain electronically stored medical records. She also sought, in the alternative, to strike the defendants’ answers due to alleged discovery failures. In addition, the plaintiff cross-moved for leave to amend her bill of particulars to allege additional specific acts of negligence by the defendants, despite having already filed a note of issue certifying that discovery was complete. The trial court denied the plaintiff’s discovery-related motions and ultimately granted the defendants’ motion for summary judgment, dismissing the complaint in its entirety. The plaintiff appealed.
Demonstrating Causation in Medical Malpractice Cases
On appeal, the court affirmed the lower court’s rulings. In reviewing the summary judgment decision, the court reiterated the well-established rule that a defendant in a medical malpractice action must demonstrate the absence of any material issues of fact concerning either a departure from accepted medical practice or causation. Once that showing is made, the burden shifts to the plaintiff to produce evidence, typically in the form of a medical expert affidavit, raising a triable issue of fact.
Here, the defendants met their prima facie burden by presenting expert evidence that their care conformed to accepted standards and that any alleged deviations did not proximately cause the stillbirth. The defendants’ expert addressed the specific clinical circumstances of the plaintiff’s care and concluded that no actionable negligence had occurred.
In contrast, the plaintiff’s expert affidavit was found to be both conclusory and speculative. The court emphasized that expert testimony that fails to engage with the record or address the detailed assertions of the opposing party’s expert cannot create a triable issue. The plaintiff’s submission failed to cite specific medical evidence supporting her claims and did not refute key points raised by the defense. As such, the court deemed it insufficient to defeat summary judgment.
Additionally, the appellate court upheld the denial of the plaintiff’s motion to amend her bill of particulars. The court noted that such amendments, especially after the note of issue has been filed, require a showing of special or extraordinary circumstances. The plaintiff’s failure to meet this heightened standard justified the trial court’s exercise of discretion in denying the amendment. Finally, the court agreed that the plaintiff’s repeated attempt to compel discovery that had previously been denied was properly rejected.
Speak with an Experienced Rochester Medical Malpractice Attorney
Medical malpractice cases involving prenatal care necessitate thorough legal and medical evaluation. If your pregnancy or delivery was mishandled by medical professionals, you may have a viable claim under New York law, and you should speak to an attorney. The experienced Rochester medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers are ready to assess your case and advocate on your behalf. Contact us at 833-200-2000 or reach out online to schedule a consultation and learn more about how we can help.
