It is not uncommon for a plaintiff in a medical malpractice case to allege that both the doctor that provided his or her treatment and the hospital where the treatment was rendered are liable for any harm caused by the treatment. There are numerous factual disputes that can arise in any medical malpractice case, and cases with more than one defendant are typically more complicated than cases with a single defendant. Recently, a New York appellate court discussed the standards for precluded summary judgment in a medical malpractice case involving multiple defendants. If you sustained injuries due to the medical malpractice of a doctor and hospital you should speak with a skilled Rochester hospital malpractice attorney to discuss your case and what evidence you may need to hold both the doctor who treated you and the hospital in which you were treated liable for your harm.
Facts Regarding the Decedent’s Harm
Reportedly, the plaintiff’s decedent was injured in a car accident, after which he was transported to a hospital. He was then discharged to the defendant medical center for rehabilitation. The decedent ultimately died from deep venous thrombosis and a pulmonary embolism. Following his death, the plaintiff sued the defendant medical center, alleging its negligence caused the decedent’s death.
It is alleged that the defendant medical center subsequently filed a third-party complaint against the defendant hospital who contracted with the medical center to provide doctors to administer care and the defendant doctor who treated the decedent while he was at the defendant medical center. The defendant doctor and defendant hospital filed motions for summary judgment, which the trial court granted. The plaintiff and defendant medical center subsequently appealed.