Generally, a plaintiff in a medical malpractice case must prove not only that the defendant was negligent but also that the defendant’s actions caused the plaintiff’s harm. In other words, simply demonstrating that the defendant deviated from the applicable standard of care is not sufficient to present a successful malpractice case. This was illustrated by a recent New York ruling issued in a hospital malpractice case in which the plaintiff’s claims were dismissed due to her inability to prove causation. If you suffered losses due to inadequate care in a hospital setting, it is prudent to confer with a Rochester hospital malpractice lawyer to evaluate your options.
The Plaintiff’s Claims
Allegedly, the decedent visited a hospital with complaints of chest pain. He was admitted and discharged after three days, with the direction to visit an emergency department if his chest pain returned or worsened. Thirteen days later, he visited a second hospital with complaints of chest pain. He was evaluated by the defendant physician but the defendant did not order a cardiology consultation. The defendant decided to send the decedent home rather than admit him to the hospital. Approximately three weeks later, he suffered a cardiac arrest and died shortly thereafter.
It is reported that the plaintiff, the decedent’s wife, filed a malpractice lawsuit against the defendant, alleging that she was negligent in failing to order a cardiology consultation, and her negligence caused the decedent’s death. A jury ultimately found that while the defendant departed from the standard of care, her negligence was not the cause of the decedent’s death. The plaintiff appealed. Continue reading