In many medical malpractice cases, there is more than one medical care provider that may be liable for causing the plaintiff harm. Unfortunately, in some cases, the court will dismiss a person’s medical malpractice case in its entirety if the defendant physicians offer sufficient proof that they did not deviate from the applicable standard of care.
As shown in a recent New York case in which the plaintiff alleged gynecologic medical malpractice against multiple doctors, the court will not dismiss the injured party’s claim against all of the defendants unless each defendant rebuts any specific allegations of malpractice that were set forth by the injured party. If you or a loved one were harmed due to gynecologic medical malpractice, it is in your best interest to speak with a trusted Rochester medical malpractice attorney to discuss the facts of your case and your options for seeking damages.
The Plaintiff’s Treatment
Reportedly, the plaintiff treated with the defendants, an obstetrician/gynecologist, and a perinatologist, throughout her high-risk pregnancy. It was noted throughout the plaintiff’s pregnancy by the defendant obstetrician/gynecologist that she had a low lying placenta. At the end of her pregnancy, the plaintiff underwent a procedure that was performed by the defendant obstetrician/gynecologist that was meant to induce labor but caused the plaintiff to hemorrhage.
Allegedly, the plaintiff subsequently underwent an emergency cesarean section, which resulted in the birth of a healthy baby. A few days later, the plaintiff underwent a laparotomy, which showed she had perforations in her bowel. She then underwent a resection of the colon and small bowel. Consequently, the plaintiff filed a lawsuit against the defendants alleging they committed malpractice in connection with her prenatal care and delivery. The defendants filed a motion for summary judgment, which the court granted. The plaintiff appealed.
The Defendants’ Prima Facie Cases
Under New York law, a defendant moving for summary judgment must make a prima facie case demonstrating that he or she did not deviate from the accepted standard of care, or that if there was a departure it did not proximately cause the plaintiff’s injuries. To set forth a prima facie, the defendant must also rebut and address any particular allegations set forth in the plaintiff’s bill of particulars. If a defendant makes a prima facie showing that he or she is entitled to judgment as a matter of law, the plaintiff must submit materials in opposition to the defendant’s case. The plaintiff only has to address the elements for which the defendant has met the prima facie burden, however.
Here, the court found that the defendant perinatologist’s motion for summary judgment was properly granted, as he demonstrated that he did not depart from the standard of care and that any deviation did not cause the plaintiff’s harm. Regarding the defendant obstetrician/gynecologist, however, the court found that he failed to address the particular allegations the plaintiff set forth against him, and therefore, his motion for summary judgment was improperly granted. Specifically, while the defendant obstetrician/gynecologist offered expert testimony stating that he did not improperly perform the cesarean section, which caused the bowel perforations, he failed to address allegations that his care prior to that time necessitated the need for the cesarean section.
Meet with a Skilled Rochester Gynecologic Medical Malpractice Attorney
If you suffered an injury or illness that was caused by gynecologic medical malpractice, you should meet with a skilled Rochester medical malpractice attorney regarding your case. The knowledgeable Rochester medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers have ample skills and experience in handling Rochester medical malpractice cases and will work diligently to help you seek compensation for your harm. We can be contacted at 315-479-9000 or through our online form to schedule a free and confidential meeting.
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