Syracuse Personal Injury Law Blog
People expect that the care they receive from their doctors will help them maintain or improve their health. Sadly, however, some physicians fail to provide their patients with competent care, ultimately causing them harm instead of helping them. People hurt by negligent medical care have the right to pursue claims against their health care providers, but merely because injuries arise in the context of medical care does not mean that they are the result of medical malpractice. Thus, if a plaintiff cannot prove the elements of their medical malpractice claims, they may be denied damages, as discussed in a recent New York ruling. If you sustained losses because of the negligence of a doctor, you have the right to seek compensation, and you should confer with a Syracuse medical malpractice lawyer as soon as possible.
The Facts of the Case
It is alleged that the plaintiff presented to the defendants with complaints of stomach pain and gastrointestinal distress. She was eventually diagnosed with colitis and an intestinal infection. She subsequently filed a medical malpractice lawsuit against the defendants, alleging they committed negligence by failing to provide her with a prompt and accurate diagnosis. After the parties completed discovery, the defendants moved for summary judgment dismissal of the plaintiff’s claims. The court granted the defendants’ motion, and the plaintiff appealed.
Elements of a New York Medical Malpractice Claim
On appeal, the court affirmed the trial court ruling. The court explained that pursuant to New York law, a plaintiff seeking to establish a doctor is liable for medical malpractice must establish that the doctor deviated or departed from the accepted standard of practice in the community and that the departure proximately caused the plaintiff to suffer injuries.
Thus, in moving for summary judgment, a defendant doctor must show that they did not deviate from the applicable standard of care or that any deviation did not harm the plaintiff. In the subject case, the court found that the defendants met their burden of proof via an expert affidavit opinion stating that they treated the plaintiff in accordance with the standard of care. In response, however, the plaintiff failed to show that a factual dispute existed as to whether the defendants complied with the standard of care or whether their failure to do so caused the plaintiff’s harm. As such, the court affirmed the trial court ruling.
Meet with a Trusted Syracuse Medical Malpractice Attorney
People harmed by negligently rendered medical treatment might be able to pursue medical malpractice claims, but they must produce competent evidence in support of their allegations; otherwise, they may be denied compensation. If you sustained losses because of inadequate medical care, it is in your best interest to talk to an attorney about your rights. The trusted Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers take pride in helping people harmed by medical negligence in the pursuit of damages, and if you hire us, we will advocate zealously on your behalf. You can reach us by calling 833-200-2000 or by using our form online to set up a meeting.