Medical Malpractice

New York Court Discuses Triable Issues of Fact in Medical Malpractice Cases

Published on: August 13, 2024 | By DeFrancisco & Falgiatano

Certain health issues, like strokes, require prompt diagnosis and treatment, as any delays can lead to irreparable harm. Such delays may be grounds for pursuing medical malpractice claims, but if the injured party cannot produce adequate facts in support of their position, their claims may be dismissed, as demonstrated in a recent New York case. If you were injured by negligent medical care, you may be able to pursue claims against the providers that caused you harm, and it is wise to confer with a Rochester medical malpractice attorney.

History of the Case

It is alleged that the decedent sought treatment at the defendant hospital’s emergency department in January 2016, where it was determined that he had suffered a stroke. The decedent initiated a medical malpractice lawsuit against several physicians and medical entities involved in his care, alleging that they failed to timely diagnose the stroke, conduct appropriate diagnostic tests, and administer necessary treatments, including tissue-type plasminogen activator (tPA) and surgical clot retrieval.

Reportedly, the decedent passed away after the lawsuit began, and the plaintiff, as the administrator of the decedent’s estate, continued the case. The defendants moved for summary judgment to dismiss the claims, arguing that they did not deviate from the standard of care or, alternatively, that any deviation was not the proximate cause of the decedent’s injuries. The trial court granted the motion, and the plaintiff appealed. Continue Reading ›

New York Court Discusses Establishing a Claim for Lack of Informed Consent

Published on: August 6, 2024 | By DeFrancisco & Falgiatano

In the medical setting, treatment providers are required to advise patients of the risks and benefits of a treatment before offering it; if they fail to do so, they may be subject to a lack of informed consent claim. There are exceptions to the general rule, however, as discussed in a recent New York ruling. If you suffered losses due to a doctor’s failure to obtain your informed consent, you may be owed damages, and you should talk to a Rochester medical malpractice attorney as soon as possible.

Case Background

It is reported that the decedent’s estate filed a medical malpractice lawsuit arising from the defendants’ treatment of the decedent in December 2017. Specifically, the decedent was treated by the defendant primary care physician at the defendant medical facility after experiencing severe health complications. He followed up with the defendant primary care physician after he was discharged from the facility and was later transferred to a second hospital, where he ultimately succumbed to his illness.

Allegedly, the plaintiff filed a lawsuit, alleging that the defendants, including doctors, medical personnel, and related entities, failed to abide by the applicable standard of care, leading to the decedent’s death. The complaint set forth claims of negligence, wrongful death, and lack of informed consent. The defendants filed motions for summary judgment, seeking to dismiss the claims against them. Continue Reading ›

New York Court Discusses Motions for Summary Judgment in Medical Malpractice Cases

Published on: July 19, 2024 | By DeFrancisco & Falgiatano

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 ›

New York Court Discusses Grounds for Setting Aside a Medical Malpractice Verdict

Published on: July 14, 2024 | By DeFrancisco & Falgiatano

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 overturn a jury’s verdict, deeming them liable. If a jury’s verdict is reasonable upon consideration of the evidence, though, it should be upheld, 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 is reported that the plaintiff filed a medical malpractice and wrongful death lawsuit against the defendant, a physician, alleging that his treatment of the decedent, who died by suicide, was substandard. The decedent had been under the defendant’s care in the days and weeks leading up to his death, including an office visit just hours before. A jury found that the defendant had deviated from the standard of care and had failed to send the decedent to the emergency room the day before his death, which were substantial factors in causing the decedent’s death.

Allegedly, the jury awarded the plaintiff damages totaling approximately $10,000. The defendant then moved to set aside the verdict, arguing that there was insufficient evidence to support the findings on the standard of care and proximate cause, and alternatively requested a new trial on liability and damages. The trial court granted the defendant’s motion to set aside the verdict on the issue of proximate cause, dismissing the complaint against him. The court did not address the remaining branches of the defendant’s motion due to this dismissal, and judgment was entered in favor of the defendant. The plaintiff appealed. Continue Reading ›

New York Court Discusses Grounds for Reversing Verdicts in Medical Malpractice Cases

Published on: June 24, 2024 | By DeFrancisco & Falgiatano

People pursuing compensation for harm caused by incompetent medical care will often ask a jury to determine issues such as fault and damages. If a jury rules against a plaintiff, the plaintiff can appeal if they believe that the jury’s verdict does not comport with the evidence. Establishing that a jury’s verdict should be reversed can be challenging, though, as illustrated in a recent New York case. If you were hurt by the carelessness of a doctor, you may be able to recover damages in a medical malpractice case, and you should talk to a Rochester medical malpractice attorney.

Factual Background and Procedural History

It is alleged that the decedent was diagnosed with melanoma following a biopsy of a lesion on her right thigh conducted in February 2015 by the defendant, a dermatologist. The decedent passed away in September 2016. The plaintiff, acting individually and as the administrator of the decedent’s estate, initiated a lawsuit seeking damages for medical malpractice and wrongful death. A trial ensued, and the jury concluded that the defendant did not deviate from accepted standards of medical care.

It is reported that post-trial, the plaintiff sought to amend the pleadings to conform to the evidence presented at trial, but the trial court denied this motion. Subsequently, the court clerk issued a judgment based on the jury’s verdict in favor of the defendants, resulting in the dismissal of the plaintiff’s amended complaint. The plaintiff appealed both the order and the judgment. Continue Reading ›

New York Court Discusses Summary Judgment in Medical Malpractice Cases

Published on: June 18, 2024 | By DeFrancisco & Falgiatano

People who visit hospitals for critical conditions will often be cared for by multiple doctors. As such, if the care they receive is inadequate and they subsequently suffer harm, they may be able to pursue claims against everyone involved in their care. While it is not uncommon for numerous defendants to deny liability, they will most likely not be able to obtain judgment in their favor prior to trial unless they present clear and unrefuted evidence that they did not cause the plaintiff harm, as demonstrated in a recent New York opinion. If you suffered losses due to medical negligence, it is advisable to speak with a Rochester medical malpractice attorney about your possible claims.

Case Setting

It is alleged that the defendants treated the decedent in July and August of 2013. The plaintiff, acting as the administrator of the decedent’s estate, subsequently initiated a medical malpractice lawsuit against the defendant doctors and hospital in May 2016. Initially, the defendants moved to dismiss the claims as time-barred, which the court granted. The plaintiff appealed; while the appeal was pending, the defendants also sought summary judgment on the merits, which the court granted, dismissing the entire action.

It is reported that the court later reversed the dismissal, ruling that the statute of limitations was tolled due to the decedent’s death in August 2015. The defendants subsequently renewed their summary judgment motions, which were denied in May 2023, pending further discovery. Following additional depositions, the defendants again moved for summary judgment. Continue Reading ›

New York Court Discusses Conflicting Expert Reports in Medical Malpractice Cases

Published on: May 25, 2024 | By DeFrancisco & Falgiatano

Doctors working in numerous specialties tend to people in hospital emergency rooms, offering treatment options based on their assessment of a patient’s concerns. If an emergency room doctor makes the wrong call, appropriate care may be delayed or not administered at all, which can result in significant complications. In such instances, the doctor may be liable for medical malpractice. In many medical malpractice cases arising out of emergency room care, whether the defendant is deemed liable hinges on the credibility of the parties’ experts, as discussed in a recent New York ruling. If you were hurt due to an emergency room physician’s recklessness, it is important to understand your rights, and you should talk to a Rochester medical malpractice attorney.

History of the Case

It is alleged that the decedent presented to the emergency department of a hospital complaining of right ankle pain and numbness. A podiatric resident, along with the defendant, the on-call orthopedic surgeon, assessed the decedent. Approximately two weeks later, the decedent was admitted to the hospital and ultimately underwent a below-the-knee amputation of his right leg due to acute/subacute ischemia.

Reportedly, the decedent and his wife initiated a medical malpractice lawsuit against the defendant, among others, alleging that he deviated from the standard of care by failing to conduct a proper orthopedic assessment of the decedent. The defendant moved for summary judgment, but the trial court denied his motion. The defendant subsequently filed an appeal. Continue Reading ›

New York Court Discusses Resident Liability in Medical Malpractice Cases

Published on: May 10, 2024 | By DeFrancisco & Falgiatano

Teaching hospitals often offer patients the most advanced care and cutting-edge treatments. In most teaching hospitals, residents provide care to patients, under the supervision of attending physicians. If a patient cared for by a resident subsequently suffers harm, it can be difficult to establish that the resident should be liable for medical malpractice, as discussed in a recent opinion delivered in a New York medical malpractice case. If you were harmed during a procedure performed by a resident, it is worthwhile to meet with a Rochester medical malpractice lawyer as soon as possible.

Factual and Procedural Setting

Allegedly, the plaintiff underwent a pediatric scoliosis surgery, that included a procedure known as a facetectomy. The defendant resident, who was in his fourth year of residency, performed the procedure under the supervision of the defendant doctor, who was employed by the defendant hospital and had privileges at the defendant health system.

It is reported that the plaintiff subsequently suffered a spinal cord injury, after which she filed a medical malpractice complaint against the defendants. The defendants moved for summary judgment, but the court denied their motion. They then appealed. Continue Reading ›

New York Court Discusses Conflicting Evidence in Medical Malpractice Cases

Published on: April 10, 2024 | By DeFrancisco & Falgiatano

Parents often rely on medical professionals to diagnose and treat their children if they become ill. While many children receive competent care, some are tragically offered substandard treatment, and the results of such incompetence frequently cause devastating injuries. Doctors accused of malpractice will often proffer affidavits stating that they complied with the standard of care in order to avoid liability. If the plaintiff submits a contradictory affidavit, however, the courts will likely determine that the disputed issues must be determined by a jury, as demonstrated in a recent New York medical malpractice case. If you or your child were harmed by negligent medical care, it is smart to meet with a Rochester medical malpractice lawyer at your earliest convenience.

Case Setting

It is reported that the plaintiffs initiated a case seeking damages for medical malpractice against multiple defendants, including healthcare professionals and medical institutions. The complaint alleged negligence in the care and treatment of the plaintiff’s minor child, who suffered from viral encephalitis.

Allegedly, the complaint further asserted that the defendants’ incompetence resulted in the minor child suffering incapacitating injuries that rendered them dependent on others for daily activities. The defendants collectively filed a motion for summary judgment to dismiss the claims against them, which the trial court denied. Both sets of defendants separately appealed the denial of their summary judgment motions. Continue Reading ›

New York Court Discusses Timeliness of Medical Malpractice Claims

Published on: April 5, 2024 | By DeFrancisco & Falgiatano

People who experience losses due to the carelessness of healthcare providers have the right to pursue claims for damages. They must act promptly, though, because if they do not, their claims may be barred by the statute of limitations. While legal theories, like the relation back doctrine, can act to toll the statute of limitations, they only apply if certain conditions are met, as discussed in a recent New York ruling issued in a medical malpractice lawsuit. If you have questions pertaining to pursuing claims against negligent medical professionals, it is wise to speak with a Rochester medical malpractice lawyer.

Facts of the Case

It is alleged that the plaintiff filed a medical malpractice complaint that stemmed from the care and treatment of the decedent’s lower extremity during February and March 2015. Initially, the action was filed against two of the named defendants. However, the third defendant received a subpoena to testify as a non-party witness in October 2018, indicating the plaintiff’s awareness of the third defendant’s involvement in the decedent’s care. Subsequently, in April 2023, the plaintiff amended the complaint to include the third defendant.

Reportedly, the third defendant subsequently filed a motion to dismiss a supplemental summons and amended complaint alleging medical malpractice, lack of informed consent, and wrongful death, contending that the claims were time-barred by the statute of limitations. Continue Reading ›