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In many instances, there are multiple ways to treat an acute injury or chronic condition. As such, simply because a patient does not agree with a doctor’s chosen course of care does not mean the doctor should be deemed liable for medical malpractice. Instead, a plaintiff alleging a physician committed medical malpractice must prove numerous elements, including an element of harm. The plaintiff’s burden of proof in a medical malpractice case was the topic of a recent New York opinion in a matter in which the court dismissed the plaintiff’s claims in their entirety. If you were harmed by incompetent medical care, it is smart to speak to a Rochester medical malpractice lawyer about your potential causes of action.

The Plaintiff’s Allegations

It is alleged that the plaintiff was living in a state facility, when he received treatment from the defendants. During his stay, he requested a CPAP machine for his sleep apnea and a tens machine for back pain which he stated was caused by scoliosis. He did not receive the items, however. Additionally, he requested that the defendants extract two of his teeth due to infection, but they declined to do that as well.

Reportedly, the plaintiff subsequently filed a federal lawsuit against the defendants alleging, among other things, that they were liable for medical malpractice.  The defendants moved to dismiss the plaintiff’s complaint, arguing he failed to establish he was entitled to recover damages under any theory of liability. The court ultimately granted the defendants’ motion. Continue reading

Although it is common for a plaintiff pursuing a medical malpractice case in New York to assert that the defendant acted negligently, there are significant differences between ordinary negligence and medical malpractice claims. Thus, if plaintiffs fail to produce the evidence needed to support malpractice claims, it could adversely impact their cases. A New York appellate court recently discussed the differences between ordinary negligence and malpractice in an opinion issued in a hospital malpractice case. If you suffered losses due to incompetent care you received in a hospital, it is prudent to speak to a Rochester hospital malpractice lawyer to evaluate your potential causes of action.

The Plaintiff’s Harm

It is alleged that the plaintiff visited the defendant hospital with symptoms of a stroke. Diagnostic testing revealed she did, in fact, suffer a stroke, and she was prescribed a medication which was to be administered via infusion, with 10% dispensed over the first minute and the remaining 90% over the next hour. The nursing administered the medication improperly programmed the machine, however, to administer 10% per minute for the first eleven minutes. The mistake was discovered and rectified after about three minutes. The plaintiff began exhibiting signs of distress shortly thereafter, however, and the following day testing revealed she still had clots in her brain.

It is reported that the plaintiff ultimately suffered aphasia and diminished comprehension.  She filed a lawsuit against the defendant, alleging it was liable for both medical malpractice and ordinary negligence. The defendant moved for summary judgment, and the court denied the motion. The defendant then appealed. Continue reading