Rochester Medical Malpractice and Personal Injury Lawyer Blog
Improperly performed surgical procedures can worsen health issues and cause lasting pain. As such, people harmed by such medical errors will often seek redress via medical malpractice lawsuits. When faced with such claims, doctors will rarely admit liability, but unless they adequately refute the plaintiffs’ allegations, the claims against them will likely be presented to a jury, as demonstrated in a recent New York case. If you sustained losses due to a negligently performed procedure, it is advisable to talk to a Rochester medical malpractice lawyer about what damages you may be able to pursue against the provider responsible for your harm.
Case Setting
It is reported that the plaintiff underwent surgery to alleviate lower back pain. The defendant surgeon performed the procedure at the defendant hospital. Following the initial surgery, the plaintiff experienced severe and persistent pain in her lower back, leading to subsequent surgeries. She subsequently filed a medical malpractice action, alleging negligence on the part of the surgeon and claiming severe personal injuries resulting from the surgeries. The defendants moved for summary judgment.
Allegedly, in support of their motion, the defendants submitted an expert affirmation stating that the surgeries were performed correctly and that any injuries sustained were not medically plausible consequences of the surgeries. Despite this, the expert did not provide an alternative explanation for the injuries. As such, the trial court denied the defendants’ motion and issued an order dismissing the complaint. The defendants appealed.
Establishing Liability in Medical Malpractice Cases
On appeal, the court affirmed the trial court ruling. In doing so, the court explained that in a medical malpractice action, the defendant must establish, through expert opinion, that there was no departure from accepted medical practice or that any departure was not the proximate cause of the plaintiff’s injuries. The court emphasized that the defendant’s expert must specifically address and rebut the allegations of malpractice outlined in the plaintiff’s bill of particulars.
In this case, the court found that the defendants failed to meet this burden, as their expert’s conclusory statement regarding the absence of proximate cause was insufficient to eliminate triable issues of fact regarding the cause of the plaintiff’s injuries. Therefore, the court affirmed the trial court’s decision to deny the defendant’s motion for summary judgment, concluding that there were unresolved questions regarding the defendant’s negligence and its relationship to the plaintiff’s injuries, regardless of the sufficiency of the plaintiff’s opposition.
Meet with a Capable Rochester Medical Malpractice Lawyer to Discuss Your Case
Doctors have an obligation to render competent care, and if they do not, and their recklessness harms their patients, they may be liable for medical malpractice. If you or a loved one suffered injuries due to the recklessness of a physician, it is in your best interest to meet with an attorney regarding your rights. The capable Rochester medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate the circumstances surrounding your harm and help you to pursue any damages you may be owed. You can contact us by calling 833-200-2000 or using our online form to arrange a meeting.
