Articles Posted in Hospital Malpractice

An injury sustained in a hospital does not, by itself, establish that staff failed to provide proper care. A patient’s family must connect the challenged supervision or treatment to a departure from professional standards. A recent New York decision shows how a case can also turn on a missed filing deadline and whether the opposing expert evidence identifies a real dispute. Families evaluating a hospital fall can consult a Rochester medical malpractice attorney to understand the records, deadlines, and proof their claim may require.

Facts and Procedural History

Allegedly, the patient entered a hospital for treatment of a urinary tract infection. Staff assessed her as a fall risk and adopted safety measures. In June 2018, she fell while moving from a chair to her bed with the assistance of a patient engagement specialist and sustained injuries. The hospital discharged her to a nursing home later that month. She died in January 2020.

Continue Reading ›

Continue Reading ›

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. Continue Reading ›

When people are admitted to medical facilities, they expect the healthcare providers who offer them care to take necessary precautions to protect them from foreseeable harm. Unfortunately, lapses in hospital policies or misjudgments in risk assessments can sometimes lead to severe injuries. This was the central issue in a recent New York medical malpractice case, where a plaintiff alleged that the defendant hospital failed to properly assess a patient’s fall risk, resulting in fatal injuries. If you or a loved one has suffered harm due to inadequate hospital care, it is wise to consult a Rochester medical malpractice attorney.

Factual and Procedural Setting

It is alleged that first responders found the decedent in a disoriented state inside his vehicle on November 26, 2018. Reportedly, he believed that the year was 1978 and was unable to recall how he had traveled to the location where he was found. Due to concerns about his altered mental state, he was transported to the defendant hospital for further evaluation and care.

Reportedly, upon his admission to the hospital’s geriatric unit in the early morning hours of November 27, 2018, medical staff assessed the decedent as a high fall risk, implementing standard fall prevention measures. However, it is reported that later that same day, a different nurse reassessed him and categorized him as a low fall risk, altering the level of precautionary measures in place. On the following day, November 28, 2018, while walking to the nursing station, the decedent reportedly suffered a neurological event, fell, and struck his head on the floor. He was subsequently declared comatose and remained in that condition until his death on April 19, 2019. Continue Reading ›

Expert testimony is a key component in New York medical malpractice cases. Specifically, it is generally necessary to establish the standard of care and the manners in which the defendant diverged from the standard. As discussed in a recent New York opinion issued in a medical malpractice case, if a plaintiff fails to submit an expert report adequate to demonstrate such departures, their claim may be dismissed. If you were hurt by insufficient medical care, it is wise to confer with a Rochester medical malpractice attorney as soon as possible.

Case Setting

It is reported that the decedent had a history of hypertension, diabetes, and other conditions and was under the care of his primary physician since 2007. In April 2014, the decedent treated with the primary care physician for complaints of headache and sinus pain; the physician diagnosed him with a sinus infection. Following the visit to the primary physician, the decedent collapsed at home, and after being taken to the hospital, he was diagnosed with an intracerebral brain hemorrhage. Despite being transferred to another hospital, the decedent later passed away.

Allegedly, the plaintiffs brought a medical malpractice and wrongful death claim against three defendants: the decedent’s primary care physician, his medical practice, and a hospital. The plaintiffs asserted that the physician misdiagnosed the decedent, treating him for a sinus infection rather than a precursor to a brain hemorrhage, which resulted in the decedent’s subsequent death. The plaintiffs argued that the hospital also negligently delayed diagnosing the brain hemorrhage, which worsened the decedent’s condition. The decedent had complained of headaches and sinus pain but denied other serious symptoms. The defendants moved for summary judgment, arguing that the treatment provided met the standard of care and that there were no indications warranting a referral for a CT scan or further neurological assessment. The trial court denied these motions, prompting the defendants to appeal. Continue Reading ›

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 dismiss the plaintiff’s claims prior to trial. If the evidence demonstrates a disputed issue of fact, though, the plaintiff should be able to pursue their claims, 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 it reported that the plaintiff, who was admitted to the defendant hospital on July 1, 2012, one week past her due date. Various medical interventions were employed to induce labor, including the use of Cervidil, a Cook’s cervical balloon, and Pitocin. Throughout the labor process, the plaintiff experienced complications, including recurrent decelerations in the fetal heart rate. Despite repeated requests for a Cesarean section, the defendant doctor attempted a vacuum extraction, which was unsuccessful. An emergency C-section was eventually performed, but the child was born in serious condition, requiring resuscitation and intensive care. The child died eight days later due to perinatal anoxic/ischemic encephalopathy.

Allegedly, the plaintiff filed a lawsuit individually and as the administrator of her child’s estate, asserting claims for medical malpractice and lack of informed consent. The trial court denied the defendant hospital’s motion for summary judgment and denied the defendant doctor’s motion for partial summary judgment regarding the lack of informed consent claim. The defendants appealed. 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 ›