Articles Posted in Hospital Malpractice

Published on:

Medical malpractice claims in New York must be filed within the statute of limitations; otherwise, the plaintiff’s claim may be dismissed. In cases in which the plaintiff has an ongoing treatment relationship with the defendant, though, the statute of limitations may be tolled pursuant to the continuous treatment doctrine. The parameters of the doctrine were discussed in a recent hospital malpractice case in New York in which the defendant argued the plaintiff’s claims were barred as untimely. If you suffered harm due to a healthcare provider’s failure to provide you with adequate care in a hospital setting, it is in your best interest to speak with a practiced Rochester hospital malpractice attorney as soon as possible to avoid waiving your right to pursue damages.

The Plaintiff’s Treatment

It is alleged that the plaintiff’s decedent presented to the defendant hospital in October 2007 for a bilateral screening mammogram. She was advised that the test did not reveal any abnormalities. She then returned to the defendant hospital in January 2008 with reports of a painful lump in her left breast. One month later, the plaintiff’s decedent underwent a biopsy of the mass at the defendant hospital, and it was revealed that she had breast cancer. She continued to undergo treatment at the defendant hospital until her death due to cancer in November 2008.

Reportedly, the plaintiff filed a medical malpractice and wrongful death case against the defendant, alleging the failure to properly read the decedent’s initial mammogram caused a delay in her cancer diagnosis. The defendant filed a motion to dismiss, arguing that the plaintiff failed to serve the defendant, which was a municipal corporation, with timely notice pursuant to New York law. The court agreed, dismissing the plaintiff’s claims, after which the plaintiff appealed.

Continue reading

Published on:

Medical malpractice lawsuits are complicated in general and can become especially complex when they involve claims against facilities that receive funding from the federal government, as they involve additional requirements. The consequences of skirting such obligations were shown in a recent hospital malpractice case in New York in which the court dismissed the plaintiff’s claims due to his failure to comply with procedural requirements. If you were hurt by negligent care in a hospital, it is critical to retain a dedicated Rochester hospital malpractice attorney to help you protect your right to pursue damages.

Facts of the Case

It is reported that the plaintiff visited the defendant facility, which receives federal funding, with complaints of an inability to urinate. While he was at the defendant facility, he was on a metal bed when the frame fell apart, causing him to fall and sustain a hip fracture. As a result, he had to undergo surgery and suffered from reduced mobility and an altered mental status. He filed an administrative claim relating to his injury with the appropriate federal agency. The agency did not respond to his claim, however. He then filed a lawsuit against the defendant, setting forth claims of medical malpractice and negligent hiring. The defendant filed a motion to dismiss, arguing that the plaintiff failed to exhaust his administrative remedies in compliance with the FTCA (Federal Tort Claims Act) and that due to this failure, the court could not exercise jurisdiction over the matter.

Exhaustion of Administrative Remedies

Under the FTCA, a plaintiff must present a claim to a federal agency, and the claim must be denied before the plaintiff can proceed with a medical malpractice lawsuit. The court explained that, as the goal of this requirement is to avoid unnecessary litigation, the plaintiff must also provide the agency with sufficient information with which to investigate the claim and evaluate its worth. In other words, the claim must be detailed enough to fulfill the purpose of the FTCA, which is to allow the federal government to facilitate the fair resolution of tort claims. The court further explained that the requirement that a plaintiff adequately present his or her claim is a jurisdictional requirement that cannot be waived.

Continue reading

Published on:

In medical malpractice claims in New York, the burden shifts between the parties with regards to proving or disproving that a party’s harm was caused by incompetent care. In other words, if a defendant produces evidence sufficient to refute a plaintiff’s claims, the lawsuit may be dismissed unless the plaintiff then establishes that a factual dispute exists that requires a trial. A plaintiff must refute each of the defendant’s assertions, though; otherwise, some claims may be dismissed even if others survive, as shown in a recent hospital malpractice case. If you were hurt because of incompetent care that you received while you were admitted to a hospital, it is in your best interest to discuss your harm with a zealous Rochester hospital malpractice attorney to determine what you must show to recover damages.

Facts of the Case

It is alleged that the plaintiff underwent heart surgery in 2014. He suffered significant complications following the surgery and was placed on a ventilator that circulated his blood outside of his body via an artificial lung. Shortly after the surgery, his condition worsened, and he was transported to the operating room. The defendant was the attending physician during the transport, during which the artificial lung was unintendedly disconnected. As a result, the plaintiff suffered devastating brain injuries and substantial blood loss.

The plaintiff and his wife then filed a medical malpractice lawsuit against the defendant, alleging his negligence caused the plaintiff’s harm. The defendant moved to dismiss the plaintiff’s claims via summary judgment. The trial court denied the motion, and the plaintiff appealed.

Continue reading

Published on:

Typically, when a patient presents to a hospital with symptoms or complaints, he or she will consent to receive treatment from the attending physicians while retaining the right to leave if he or she chooses. In some instances, however, the hospital will take steps to admit a person without his or her consent, in an attempt to protect the person or others. In a recent hospital malpractice case, a New York court assessed when the involuntary commitment of an individual might constitute grounds for asserting a malpractice claim. If you suffered damages due to a hospital unjustly refusing to allow you to leave, you should meet with a skilled Rochester hospital malpractice attorney to analyze what claims you may be able to pursue.

Facts Regarding the Plaintiff’s Treatment

It is reported that the plaintiff visited the defendant hospital with complaints of high blood pressure. According to the facts set forth in the plaintiff’s complaint, after she arrived, she was restrained by security guards and administered medication. She was ultimately admitted against her will and detained for five days, during which she received medication for Parkinson’s disease and other ailments she did not have.

Allegedly, the plaintiff suffered substantial side effects due to the medications she received, which required her to obtain follow-up care. She subsequently filed a lawsuit against the defendant, arguing that it violated her rights and committed medical malpractice by falsely imprisoning her. The defendant filed a motion for summary judgment, which the trial court granted, resulting in the dismissal of the plaintiff’s claims. The plaintiff then appealed, but on appeal, the dismissal of her claims was affirmed.

Continue reading

Published on:

In medical malpractice cases in New York, the plaintiff generally decides where the action will be heard, as the plaintiff is the party filing the lawsuit. A defendant has the right to seek a change of venue, however, if the County the plaintiff chose to file his or her lawsuit is not an appropriate place for the matter to be heard. The grounds for granting a motion for change of venue were recently discussed by a New York appellate court in a hospital malpractice case that was originally filed in Bronx County. If you were injured by negligent care in a hospital, it is prudent to speak to an assertive Rochester hospital malpractice attorney regarding what damages you may be able to recover in a civil lawsuit.

Procedural History of the Case

It is reported that the plaintiff’s decedent was admitted to a hospital in Newburgh and then transferred to a hospital in the Bronx, where she died. The plaintiff filed a medical malpractice lawsuit in Bronx County against the defendants, alleging that the venue was based on the defendant’s business address. The complaint further alleged that the defendants operated a healthcare facility that served customers in the Bronx. The defendants filed a motion for change of venue, claiming that none of the parties resided in the Bronx. The plaintiff opposed the motion, arguing that venue was proper because a large portion of the events that lead to the decedent’s death occurred in the Bronx. The court found in favor of the plaintiff, and the defendants appealed. On appeal, the appellate court reversed and moved the action to Orange County.

Grounds for Changing Venue in a New York Case

Under New York law, a party seeking a change of venue must not only demonstrate that the plaintiff’s choice of venue is improper, but also that the defendant’s choice of venue is appropriate. If a defendant meets this burden, the plaintiff must demonstrate that his or her chosen venue was proper. Further, the procedural rules provide that except when otherwise stated by law, an action must be tried in the County where one of the parties resided when the action commenced or where a substantial portion of the events that gave rise to the action occurred.

Continue reading

Published on:

When a plaintiff harmed by medical negligence pursues claims for damages via a civil lawsuit, the plaintiff’s compliance with the laws of procedure is arguably almost as important as the merits of the plaintiff’s case. In other words, if a plaintiff fails to abide by the rules imposed by the law or the courts, it can result in a dismissal of otherwise valid claims. Recently, a New York appellate court discussed what a plaintiff seeking to vacate an order dismissing a hospital malpractice case due to the failure comply with procedural rules must demonstrate in order to obtain a favorable result. If you or a loved one sustained damages due to incompetent care in a hospital, it is advisable to consult a capable Rochester hospital malpractice attorney to discuss whether you may be able to assert a claim for damages.

Facts and Procedure of the Case

It is alleged that the plaintiff’s decedent died from sepsis after she was released from the defendant hospital. Thus, the plaintiff filed a medical malpractice lawsuit against the defendant hospital and the defendant treating physician who cared for the decedent while she was admitted to the defendant hospital. After discovery was complete, the defendants each moved to have the plaintiff’s case dismissed via summary judgment. The court then issued an order setting forth when the plaintiff was required to serve her opposition to the motions upon the defendants, when the defendants were required to file any replies, and when oral argument would be held.

Reportedly, however, the parties stipulated that the plaintiff’s opposition could be filed at a later date. As such, the plaintiff did not file her opposition by the court-imposed deadline. The plaintiff did not seek an adjournment in person until the day the defendants’ replies were due, but the court denied her request and granted the defendants’ motions as unopposed. Subsequently, the plaintiff filed a motion to vacate the order granting the defendants’ motions. The court denied the motion, and the plaintiff appealed.

Continue reading

Published on:

In many instances in which a person harmed by negligent medical care pursues damages in a medical malpractice lawsuit, the defendant healthcare provider will attempt to refute liability by arguing that the person’s harm was not proximately caused by the defendant’s acts. In such cases, if the plaintiff does not produce sufficient evidence to refute the defendant’s position, the plaintiff’s case may be dismissed. This was demonstrated in a recent hospital malpractice case in which the court dismissed the plaintiff’s case via summary judgment. If you or a family member suffered harm due as a result of negligent care rendered in a  hospital, it is in your best interest to speak with a proficient Rochester hospital malpractice attorney regarding what you must prove to recover damages.

Factual Background

Reportedly, the plaintiff’s decedent was admitted to the defendant hospital for treatment. The decedent developed a sacral ulcer, which did not heal. Following the decedent’s death, the plaintiff instituted a medical malpractice lawsuit against the defendant, arguing that the defendant departed from the applicable standard of care in treating the decedent’s sacral ulcer, thereby causing the decedent to suffer harm. The defendant moved to have the plaintiff’s case dismissed via summary judgment, but the trial court denied the defendant’s motion. The defendant subsequently appealed, and on appeal, the appellate court overturned the trial court ruling, dismissing the plaintiff’s claims.

Avoiding Dismissal Via Summary Judgment in a Hospital Malpractice Case

On appeal, the appellate court noted that the defendant set forth a prima facie case that it was entitled to judgment as a matter of law, as required to obtain a dismissal via summary judgment. Specifically, the defendant produced an affirmation from a medical expert that stated that the defendant’s treatment of the plaintiff’s decedent’s sacral ulcer comported with accepted and good practice. Further, the affirmation stated that the failure of the plaintiff’s decedent’s ulcer to heal was caused by the decedent’s pre-existing conditions, rather than any acts or omissions on behalf of the defendant.

Continue reading

Published on:

It is not uncommon for a plaintiff in a medical malpractice case to pass away prior to the resolution of the case. A plaintiff’s claims are not extinguished merely because a plaintiff dies, however. Instead, the plaintiff’s estate generally has the right to pursue claims on behalf of the plaintiff’s beneficiaries and can substitute another party as the plaintiff. It is important for interested parties to act promptly following a plaintiff’s death, however, as a delay can result in a dismissal of the claims altogether, as demonstrated in a recent hospital malpractice case. If you or a loved one sustained injuries due to negligent care in a hospital, it is wise to speak to a trusted Rochester hospital malpractice attorney regarding what claims you may be able to pursue.

Facts of the Case

Allegedly, in 2005 the plaintiff’s decedent, who had Stage IV lung cancer, was admitted to the defendant hospital after she fell out of her wheelchair and struck her head. During her admission she was administered an excessive amount of Dilaudid, which the plaintiff averred lead to the decedent’s death. In 2007, the plaintiff, who was the decedent’s husband and the administrator of her estate, filed a medical malpractice lawsuit against the defendant. In 2011, the case was marked disposed of due to the plaintiff’s failure to file a note of issue, and in 2013, the plaintiff died.

It is reported that in 2017, the plaintiff’s attorney advised the defendant’s attorney that the plaintiff died. The defendant then moved to dismiss the complaint due to the plaintiff’s failure to substitute a new plaintiff, and the plaintiff’s attorney filed a cross-motion to substitute the administrator of the plaintiff’s estate as the new plaintiff. The court granted the defendant’s motion and denied the plaintiff’s, after which the plaintiff appealed.

Continue reading

Published on:

It is not uncommon for a plaintiff harmed by negligent medical care to name multiple defendants or set forth more than one claim of medical malpractice. For example, a plaintiff may allege a defendant is liable for providing negligent care and for failing to obtain informed consent. Simply because a plaintiff has sufficient evidence to prove one claim does not mean he or she will be able to succeed on all claims, as demonstrated in a recent New York case in which the appellate court affirmed the trial court’s dismissal of a motion for summary judgment on a negligence claim against a hospital, but reversed with regard to a failure to obtain informed consent claim. If you sustained damages due to inadequate care you received in a hospital, it is advisable to meet with a knowledgeable Rochester hospital malpractice attorney to discuss your potential claims.

History of the Case

It is reported that the plaintiff’s decedent visited the defendant hospital in February 2014 with multiple complaints. He ultimately died, after which his family filed a wrongful death lawsuit against the defendant hospital and defendant practitioner, alleging medical malpractice and failure to obtain informed consent. The defendants moved to have the plaintiff’s case dismissed via summary judgment. The court denied the defendant’s motion, and the defendants appealed.

Sufficient Evidence to Sustain Medical Malpractice Claims

On appeal, the court explained that a defendant in a medical malpractice case must establish the lack of any material issues of fact with respect to at least one of the elements of a medical malpractice claim. Specifically, the defendant must either demonstrate that there is no factual dispute as to whether the defendant departed from the applicable standard of care, or as to whether any alleged departure was the proximate cause of the plaintiff’s harm. If the defendant sets forth evidence that no factual dispute exists as to both elements, the burden shifts to the plaintiff to show that a triable issue of fact exists as to the deviation and to causation elements.

Continue reading

Published on:

If a patient is harmed by incompetent medical care provided in a hospital, the patient may not only be able to pursue claims against the negligent medical provider, but he or she may also be able to pursue claims against the hospital as well. Whether a hospital can be held liable for medical malpractice depends on the facts surrounding the patient’s harm and the relationship between the doctor and the medical provider, as discussed in a recent case decided by a court in the Appellate Division of the Supreme Court of New York. If you were harmed by insufficient care in a hospital, you should meet with a skillful Rochester hospital malpractice attorney to assess what claims you might be able to pursue.

Facts of the Case

Reportedly, the plaintiff visited the emergency department of the defendant hospital in April 2009, with complaints of shortness of breath and chest pain. He was admitted to the defendant hospital, where he was treated by the defendant physician, who was a volunteer. Subsequently, a cardiologist, who was not an employee of the hospital, performed a cardiac catheterization on the plaintiff. A few weeks after the procedure, the plaintiff visited a second hospital due to pain and bleeding in his groin. He was diagnosed with necrotizing fasciitis in his thigh and groin and underwent surgery to remove the necrotic tissue.

It is alleged that he then filed a medical malpractice lawsuit against the defendants, alleging they negligently failed to diagnose and treat a hematoma in his groin in a timely manner, which led to necrosis. The defendants each filed a motion for summary judgment. The court granted the motions, and the plaintiff appealed. On appeal, the court vacated the earlier orders and denied the defendants’ motions. The defendants then appealed.

Continue reading

Justia Lawyer Rating