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Court Examines Burden of Proof in New York Medical Malpractice Cases

When patients suffer severe health complications in a hospital setting, questions often arise as to whether those complications could have been prevented through timely and appropriate medical intervention. While healthcare providers often move for dismissal of claims arising from such complications, if factual disputes remain about the standard of care and causation, the courts will typically rule that the case must be resolved by a jury, as demonstrated in a recent New York opinion. If you or a loved one suffered damages due to a hospital’s failure to respond to serious medical symptoms, you should speak to a Rochester medical malpractice lawyer who can help you understand your rights.

History of the Case

It is reported that the decedent presented to the emergency department of the defendant hospital on March 14, 2018, suffering from respiratory distress and displaying significant bodily edema. The hospital diagnosed the decedent with acute respiratory failure, cor pulmonale, and pulmonary hypertension with right-sided heart failure. The decedent was administered supplemental oxygen via a BiPAP machine and subsequently admitted to the hospital’s cardiac intensive care unit.

It is alleged that during the night of March 14 into the early morning of March 15, the decedent exhibited signs of physiological deterioration. The decedent was described as hypotensive, tachycardic, and hypoxic; she ultimately died. The plaintiff, acting as administrator of the decedent’s estate, filed a medical malpractice lawsuit in 2019. The claim alleged that the defendant hospital failed to timely intubate the decedent and did not adequately respond to her signs of respiratory failure. After discovery was completed, the defendant hospital moved for summary judgment, arguing that its treatment did not depart from accepted medical practice and did not proximately cause the decedent’s death.

Burden of Proof in Medical Malpractice Cases

On appeal, the court affirmed the lower court’s decision to deny the defendant’s motion for summary judgment. The court explained that to prevail on such a motion in a medical malpractice action, a defendant must establish both that there was no departure from the applicable standard of care and that any alleged departure was not a proximate cause of the injury. Merely submitting an expert affidavit that offers conclusory statements regarding appropriate care is insufficient.

Here, the defendant hospital submitted deposition testimony, medical records, and an expert affidavit. The expert opined that the decedent’s blood oxygen saturation levels were appropriately monitored and that no viable treatment options were available. However, the court noted that this opinion was largely conclusory and did not specifically address several critical lapses in care, including extended periods during which oxygen saturation levels were either not monitored or dangerously low and a failure to timely intubate in light of observable hypoxia.

Moreover, the court emphasized that the hospital’s expert failed to meaningfully counter the plaintiff’s claims that earlier intervention might have altered the decedent’s outcome. The court highlighted the presence of factual disputes regarding the hospital’s response to the decedent’s deteriorating condition, which are not appropriately resolved at the summary judgment stage. Therefore, the existence of triable issues of fact concerning both deviation from accepted practice and causation precluded dismissal of the claim.

Meet with a Trusted Rochester Medical Malpractice Attorney

Hospitals are required to meet strict standards of care when treating critically ill patients. When they fall short, and the result is injury or death, it may constitute medical malpractice. If you believe that a loved one’s injury or death may have resulted from substandard hospital care, the trusted Rochester medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your case. Contact us at 833-200-2000 or reach out online to schedule a consultation and discover how we can assist you.

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