In some cases, multiple health care providers will contribute to a patient’s harm. As such, the patient may pursue medical malpractice claims against numerous providers on more than one basis. Each claim will be evaluated individually, though, and while some claims may be adequate, others may be dismissed. This was illustrated by a New York court in a recent opinion delivered in an OB-GYN malpractice case in which the court granted summary judgment as to one defendant but not the other. If you sustained injuries because of incompetent care offered by an OB-GYN, it is prudent to confer with a Syracuse medical malpractice attorney regarding your potential causes of action.
The Plaintiff’s Harm
It is reported that the defendant obstetrician delivered the plaintiff’s baby without issue and then proceeded to manually remove her placenta from her uterus. Two weeks later, the defendant gynecologist performed a dilation and curettage procedure in which she removed almost 80 grams of necrotic placental tissue. She also extracted inflamed smooth muscle that was consistent with myometrium and inflamed endometrial tissue that was consistent with chronic endometriosis. Allegedly, the plaintiff subsequently developed severe Asherman’s syndrome and was informed she was no longer able to carry a pregnancy to term. As such, she filed medical malpractice claims against the defendants, alleging their negligence caused her harm. The defendants moved for summary judgment, which the court granted. The plaintiff appealed.
Assessing Expert Evidence in Medical Malpractice Cases
Upon review, the appellate court affirmed the trial court’s ruling with regard to the defendant gynecologist but reversed it with regard to the defendant obstetrician. The appellate court explained that while a medical malpractice claim cannot be solely supported by 20/20 hindsight, the post dilation and curettage pathology report allowed for the inference that a portion of the placenta was left in the plaintiff’s uterus following the initial manual removal.
The appellate court explained that this inference, along with the expert opinion on the standard of care that the plaintiff submitted, was adequate to demonstrate that genuine issues of fact remained regarding the extent of the examination required and whether the defendant deviated from the accepted standard of care, thereby causing the plaintiff harm. As such, summary judgment was not appropriate as to the defendant obstetrician.
With regard to the defendant gynecologist, though, the plaintiff failed to demonstrate that a triable issue of fact existed. Specifically, her expert’s opinion merely included general conclusions, unsupported assertions, and misstated evidence, which was inadequate to show that the defendant gynecologist failed to abide by the standard of care or caused the plaintiff’s harm. Thus, the appellate court affirmed the dismissal of the claims against her.
Meet with an Experienced Syracuse Medical Malpractice Lawyer
Errors during gynecological procedures can harm a woman’s health and fertility, and doctors who commit OB-GYN malpractice should be held accountable. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are mindful of the devastation medical mistakes can cause, and if we represent you, we will work tirelessly to help you seek the results you deserve. We can be reached via our online form or by calling us at 833-200-2000 to schedule a meeting.