A doctor accused of medical malpractice will rarely admit liability. On the contrary, many health care providers named as defendants in medical malpractice lawsuits will ask the courts to dismiss the claims against them via a motion for summary judgment. Recently, a New York court discussed each party’s burden of proof with regard to motions for summary judgment in medical malpractice cases. If you were injured by the negligence of your healthcare provider, it is prudent to consult a Rochester medical malpractice attorney to evaluate what evidence you must produce to recover damages.
The History of the Case
It is reported that the plaintiff was transported via ambulance to the defendant hospital. When he was in the triage area, he began to seize. The defendant doctor examined the plaintiff, who shortly thereafter suffered a heart attack. He was resuscitated and transferred to the intensive care unit, where the doctors induced hypothermia. Two days after his admission, he was examined by the defendant vascular surgeon for compartment syndrome, as his legs were blue and rigid. He ultimately underwent a bilateral amputation of his legs above the knees.
Allegedly, the plaintiff and his file instituted claims against the defendants for lack of informed consent and medical malpractice. The defendants moved for summary judgment, arguing they were entitled to judgment in their favor as a matter of law. The court granted their motion, and the plaintiff appealed. Continue reading