Soft tissue injuries can be painful and debilitating, and if they are not treated promptly, they can lead to permanent impairments. As such, it is important that people suffering from such ailments receive a timely and accurate diagnosis. People injured by diagnostic delays may be able to recover compensation via medical malpractice claims, but as demonstrated in a recent New York ruling, they must provide sufficient evidence to demonstrate that the defendant’s errors caused them harm. Otherwise, the court may dismiss their claims. If you were hurt by a delayed diagnosis, it is in your best interest to confer with a Rochester medical malpractice attorney about your rights.
It is reported that the plaintiff filed a medical malpractice lawsuit against the defendants, alleging that the defendants failed to diagnose and treat the plaintiff’s ruptured triceps tendon properly. The plaintiff further argued that this failure led to a loss of the opportunity for a full recovery. The defendant moved for summary judgment, seeking a dismissal of the complaint. The trial court granted the motion, and the plaintiff appealed.
Evidence Demonstrating the Need for Trial in Medical Malpractice Cases
On appeal, the court affirmed the trial court’s ruling. In its analysis, the court focused on evaluating the evidence presented by both parties. In doing so, it acknowledged that the defendants’ experts established a prima facie case, demonstrating that the defendant’s doctors adhered to accepted medical practices in treating the plaintiff. In his response, however, the court found that the plaintiff failed to present evidence demonstrating triable issues of fact.
Specifically, the plaintiffs’ experts contended that the defendants did not conduct a proper physical examination of the plaintiff. However, the court rejected this assertion, emphasizing that it relied on the unsupported claim that the defendant doctor provided intentionally incorrect testimony about the relevant medical records. The court distinguished this case from others cited by the plaintiffs, where diagnostic testing or similar evidence in the medical records supported malpractice claims.
Furthermore, the court addressed the plaintiffs’ argument that the manner of the plaintiff’s fall necessitated further investigation into the possibility of a triceps tendon rupture through an MRI. The court found this claim unsupported in the record, emphasizing the absence of such a description of the accident in the plaintiff’s medical records with either the defendant or other nonparty physicians. The court also considered and rejected the remaining arguments presented by the plaintiffs, deeming them unavailing. As such, the court affirmed the dismissal of the plaintiff’s claims.
Speak to a Dedicated Rochester Medical Malpractice Lawyer
A timely and appropriate diagnosis is a key component of competent medical care, and doctors who neglect to properly evaluate their patients, leading to subsequent injuries, may be liable for medical malpractice. If you sustained losses due to the carelessness of your healthcare provider, you have the right to seek compensation, and you should speak to a attorney. The dedicated Rochester medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can assess your injuries and aid you in pursuing damages for your losses. You can reach us by calling 833-200-2000 or using our online form to set up a conference.