People tend to think of strokes as something that impacts older individuals, but people of all ages, including infants, can suffer strokes. Babies do not regularly experience strokes, so if they present to an emergency room with symptoms of a cerebrovascular episode, they may be misdiagnosed. A prompt diagnosis and intervention are critical to a good outcome for stroke patients, and in many instances, a missed or delayed diagnosis is grounds for a medical malpractice lawsuit. Merely because a doctor missed a diagnosis does not mean the plaintiff’s claims will be successful, though, as shown by a recent New York ruling. If you or your child sustained damages due to a doctor’s negligent failure to provide you with an accurate diagnosis, you may be owed damages, and you should contact a Syracuse medical malpractice lawyer to evaluate your options.
The Plaintiff’s Harm
It is reported that the plaintiff brought her infant daughter to the emergency room of the defendant’s hospital with right-sided facial weakness, drooping of the left eye, and slurred speech. She was examined and offered a differential diagnosis of stroke, seizure, or transient ischemic attack. She was admitted and treated for two weeks, after which she was diagnosed with a seizure disorder and discharged.
Allegedly, approximately three months later, the plaintiff brought the infant back to the emergency room because she was twitching and unresponsive. She was transferred to another hospital, where she was diagnosed a suffering a massive, debilitating stroke. The plaintiff brought a medical malpractice lawsuit against the defendant based on its employees’ failure to diagnose the infant with a stroke when she first presented to the hospital. The defendant moved for summary judgment, and the court granted the motion. The plaintiff then appealed.
Liability for Missed Diagnoses Under New York Law
In New York, a defendant moving for summary judgment on a medical malpractice action bears the burden of proving that they did not depart from the good and accepted practice of medicine or that if they did, their departure did not cause the plaintiff to suffer harm. If the defendant meets this burden, the plaintiff must show that a triable issue of fact exists as to those elements on which the defendant met its burden of proof.
Typically, summary judgment is not appropriate when the parties produce conflicting expert opinions. If an expert opinion is speculative, conclusory, or not supported by the record, however, it will not be deemed adequate to raise a triable issue of fact. In the subject case, the appellate court found that the defendant met its burden of proof. In response, however, the plaintiff failed to show a triable issue of fact existed. Thus, the appellate court affirmed the trial court ruling.
Speak with a Capable Syracuse Medical Malpractice Lawyer
People seeking medical care expect to receive a timely diagnosis and appropriate treatment, and if they do not, it can lead to critical harm. If your doctor missed your diagnosis, you may be able to seek compensation in a medical malpractice lawsuit, and you should speak to an attorney regarding your rights. The capable Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers possess the skills and resources needed to help you seek a just outcome, and if you hire us, we will advocate aggressively on your behalf. You can contact us through our form online or by calling us at 833-200-2000 to set up a meeting.