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