Rochester Medical Malpractice and Personal Injury Lawyer Blog
Reproductive endocrinology is a complicated facet of medicine, and it is not uncommon for doctors practicing in this field to make oversights and errors. Even if the evidence clearly establishes missteps, though, they may argue that they did not commit malpractice or cause their patients to suffer any actual harm. This was shown in a recent opinion issued by a court in a reproductive endocrinologist malpractice case in which the court ultimately rejected the defendant’s request for dismissal via summary judgment. If you suffered losses due to medical errors, you may be owed compensation, and you should meet with a Rochester medical malpractice lawyer.
The Plaintiff’s Allegations
It is alleged that the plaintiffs sought fertility treatments from the defendant fertility institute. Two issues arose during their four-year course of care that caused them to pursue medical malpractice claims against the defendant. First, one of their embryos died prior to transfer, and a specimen deemed a special consideration embryo was transferred instead of a healthy embryo. The defendant argued that its actions did not constitute medical malpractice and that, in any event, the plaintiff did not suffer harm and moved for summary judgment.
Demonstrating Medical Malpractice in the Context of Reproductive Endocrinology
After reviewing the evidence, the court denied the defendant’s motion to the extent it related to the transfer of the embryos but granted it as to the allegations on which the plaintiff’s expert did not opine. In medical malpractice cases filed in New York, a plaintiff must prove the standard of care in the location where the treatment occurred, a breach of the standard of care on behalf of the defendant, and injuries proximately caused by the violation of the standard of care.
Expert testimony is generally required to establish a departure from the standard of care and causation unless the concept of proximate cause is within the average juror’s understanding. In the subject case, the defendant argued that the transfer of the embryos did not constitute a departure from the standard of care but failed to offer expert testimony supporting the assertion or otherwise establishing the standard of care.
Further, the defendant argued that the transfer of the special consideration embryo did not cause the plaintiffs to suffer any harm as they ultimately conceived a child. The court was not persuaded by this argument, noting that the plaintiffs validly demonstrated that they suffered emotional distress. As such, the appellate court largely denied the defendant’s motion.
Speak to a Seasoned Rochester Medical Malpractice Lawyer
People who cannot conceive children on their own often turn to reproductive endocrinologists for assistance, but if they are not provided with competent care, the results can be devastating. If you were harmed by medical malpractice, you might be owed compensation, and you should speak to an attorney as soon as possible. The seasoned Rochester medical malpractice lawyers of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your rights and gather the evidence needed to provide you with a good chance of a favorable result. You can contact us by calling 833-200-2000 or using our online form to set up a consultation.
