Articles Posted in Medical Malpractice

Surgery may be an accepted treatment for a condition yet still inappropriate at a particular stage, and performing the procedure may constitute medical malpractice. This was discussed in a recent New York decision, in which a patient challenged both the timing of a corrective procedure and the information he received before consenting. The court ultimately held that the defendants had not eliminated factual questions about the surgery, allowing the case to continue. If you are concerned that a procedure was performed too soon, you should speak with a Rochester medical malpractice attorney about the treatment record and your options.

Facts and Procedural History

Allegedly, the plaintiff consulted a urologist in September 2018 for a condition that causes penile curvature. The physician performed plication surgery in May 2019. The plaintiff later questioned whether the disease was still progressing when the operation occurred. According to his claim, performing the procedure during that acute phase fell below accepted medical practice. He also challenged the consent process, maintaining that the defendants had not adequately addressed the risks and alternatives associated with surgery at that point in the disease.

Reportedly, the plaintiff sued the physician and his medical practice for medical malpractice and lack of informed consent. His claims also concerned other treatment, including therapy after surgery. After discovery, the defendants moved for summary judgment seeking to dismiss the entire complaint. The trial court granted the motion, and the plaintiff appealed. The court reviewed the defendants’ proof separately as to the plication procedure and the remaining treatment rather than treating every allegation as one undifferentiated claim. Continue Reading ›

Suffering complications after surgery can be devastating, but waiting too long to pursue a medical malpractice claim may prevent an injured patient from ever obtaining relief. Although ongoing care can sometimes extend New York’s filing deadline, not every follow-up visit, therapy session, or referral qualifies as continuous treatment. As a recent New York opinion demonstrates, courts closely examine who provided the care, whether the providers had a continuing relationship, and whether both parties anticipated additional treatment. If negligent orthopedic treatment caused you lasting harm, you should speak to a Rochester medical malpractice attorney promptly to protect your rights.

History of the Case

Allegedly, the plaintiff underwent right carpal tunnel release and nerve transfer surgery by the defendant physician in December 2020. After limited improvement, the physician performed an additional ulnar nerve procedure in April 2021. The plaintiff continued outside therapy. In September 2021, the physician left the defendant orthopedic practice and later joined another institution.

Reportedly, the plaintiff visited another provider at the orthopedic practice in October 2021 but skipped the recommended follow-ups. Instead, he followed the physician to the new institution for visits in November and December 2021. At the final visit, the physician reviewed studies, discussed intervention for persistent hand problems, and recommended a return within three months. The plaintiff never scheduled another appointment. Continue Reading ›

The COVID-19 pandemic placed extraordinary demands on hospitals and healthcare providers throughout New York, prompting lawmakers to enact temporary legal protections for medical professionals responding to the public health emergency. Those protections, however, did not automatically shield every healthcare provider from liability. Instead, courts must carefully examine whether a patient’s treatment was actually affected by pandemic-related conditions and whether the provider’s conduct falls within the statute’s scope. A recent New York decision demonstrates how courts evaluate these issues when deciding whether a medical malpractice claim may proceed. If you believe you suffered injuries because of negligent medical care, you should speak with a Syracuse medical malpractice attorney to determine whether emergency immunity laws may affect your case.

History of the Case

Allegedly, the plaintiff was admitted to the defendant hospital in April 2020 after experiencing fever, respiratory symptoms, and an abnormal electrocardiogram. He tested positive for COVID-19, later required mechanical ventilation, and remained hospitalized for several weeks before being discharged to a rehabilitation facility. During his hospitalization, he developed pressure ulcers and other tissue injuries. Shortly after his discharge, he returned to the hospital because of additional medical complications and again tested positive for COVID-19 before ultimately returning to rehabilitation.

Reportedly, the plaintiff commenced a medical malpractice action against the hospital and several physicians, asserting that they departed from accepted standards of medical care by failing to prevent and treat his pressure ulcers properly. The defendants moved to dismiss the complaint, arguing that they were immune from liability under New York’s Emergency or Disaster Treatment Protection Act because the plaintiff’s care occurred during the height of the COVID-19 emergency when hospital operations were significantly affected by staffing shortages, resource limitations, and emergency treatment protocols. The plaintiff opposed the motion, contending that the defendants’ conduct constituted gross negligence and therefore fell outside the statute’s protections. Continue Reading ›

Medical malpractice lawsuits often involve complicated medical issues that require expert testimony to help courts determine whether healthcare providers complied with accepted standards of care. When qualified experts disagree about what happened or whether a provider acted negligently, those disputes generally must be resolved by a jury rather than a judge. This was illustrated in a recent New York decision in which conflicting expert opinions prevented the defendants from obtaining summary judgment, allowing the injured patients to proceed to trial. If you or a loved one suffered harm because of negligent medical care, you should promptly speak with a Rochester medical malpractice attorney to discuss your legal rights and potential claims.

Case Setting

Allegedly, the plaintiff underwent a medical abortion and later experienced prolonged heavy bleeding, anemia, and other complications. She continued receiving follow-up care from her obstetrical providers, where blood testing eventually revealed critically low hemoglobin levels. The plaintiff contended that her healthcare providers failed to timely recognize and respond to her worsening condition, delayed communicating life-threatening laboratory results, and failed to properly diagnose retained products of conception and infection. After her condition deteriorated, she was admitted to a hospital, underwent additional treatment, and later experienced respiratory complications that ultimately resulted in severe neurological injuries.

Reportedly, the plaintiff filed a medical malpractice action against multiple healthcare providers, asserting that numerous departures from accepted medical practice caused her injuries. Following discovery, several defendants moved for summary judgment, arguing that the medical care they provided complied with accepted standards and that none of their actions caused the plaintiff’s injuries. The plaintiff opposed the motions by submitting expert opinions challenging the defendants’ evidence and identifying numerous departures from accepted medical practice. Continue Reading ›

Medical malpractice cases frequently turn on competing expert opinions regarding whether a healthcare provider departed from accepted standards of care and whether any alleged negligence caused a patient’s injuries. As a result, courts closely scrutinize expert submissions, particularly when a party seeks to defeat a motion for summary judgment. A recent New York ruling demonstrates the importance of presenting expert testimony that is both reliable and sufficiently tailored to the medical issues in dispute. If you lost a loved one due to negligent medical treatment, it is important to understand your legal rights, and you should speak with a Syracuse medical malpractice attorney about your potential claims.

History of the Case

Allegedly, the decedent was receiving outpatient dialysis treatment at the defendant’s facility in August 2018 when he suffered a fall. Following the incident, he was transported to a hospital, where medical providers performed a CT scan of his head before discharging him later that same day. The decedent subsequently returned to the dialysis facility for additional treatments, and no significant concerns were documented over the next several weeks.

It is alleged that on September 13, 2018, the decedent displayed signs of confusion during a dialysis appointment. He was later evaluated at a hospital, where a second CT scan revealed the presence of a subdural hematoma. The decedent remained hospitalized and ultimately passed away on September 27, 2018. Following his death, the plaintiff commenced an action seeking damages for medical malpractice, wrongful death, and related claims against the dialysis facility and others. Continue Reading ›

Surgical malpractice cases often center on whether physicians took appropriate steps to identify and protect critical anatomical structures during procedures. Even when a complication is known, courts must determine whether it resulted from accepted risks or from preventable errors in technique, monitoring, or judgment. A recent New York ruling demonstrates how conflicting expert opinions regarding surgical conduct can prevent dismissal and require a jury to resolve key issues of negligence and causation. If you suffered a life-altering injury following surgery, you may be owed damages, and it is in your best interest to meet with a Rochester medical malpractice attorney as soon as possible.

Factual History and Procedural Setting

Allegedly, the plaintiff commenced a medical malpractice action seeking damages for injuries sustained during a surgical procedure, claiming that the defendants caused permanent vocal cord damage following a parathyroidectomy.

It is alleged that the plaintiff underwent surgery to address a diagnosed endocrine condition and that the procedure was performed by a primary surgeon with assistance from a resident physician. The plaintiff later developed persistent hoarseness and was ultimately diagnosed with vocal cord paralysis, which did not resolve. Continue Reading ›