In New York medical malpractice cases, the plaintiff initially bears the burden of proof. Specifically, the plaintiff must show that the defendant departed from the accepted and good practice of medicine, thereby causing the plaintiff to suffer harm. As such, if a defendant wishes to obtain dismissal via summary judgment, they must show that the evidence reveals, on its face, that the defendant did not deviate from the standard of care or cause the plaintiff’s injuries. Recently, in an order issued in a medical malpractice case, a New York court reiterated the burdens of proof imposed on parties with respect to medical negligence and lack of informed consent claims. If you suffered losses due to the negligence of a healthcare provider, it is prudent to confer with a Syracuse medical malpractice lawyer about your options.
Procedural History of the Case
It is reported that the plaintiff underwent a series of heart surgeries over the course of several months. He subsequently contracted an infection and had a stroke after the procedures. He then filed a lawsuit against the defendant, the doctor who performed the surgery, arguing his negligence and failure to obtain the plaintiff’s informed consent constituted malpractice. The defendant moved for summary judgment, arguing that the plaintiff failed to show the defendant’s acts proximately caused the plaintiff’s harm. The court granted the defendant’s motion, and the plaintiff appealed.
The Burden of Proof Imposed on Parties in Medical Malpractice Cases
The appellate court ultimately affirmed the trial court ruling. The court explained that to obtain dismissal of a medical malpractice claim, a defendant must show, prima facie, it did not deviate from the accepted and good practice of medicine and that any alleged deviation did not cause the plaintiff’s harm. If the defendant meets this burden, the burden then moves to the plaintiff, who must prove that a material issue of fact exists as to either element.
Similarly, a defendant seeking dismissal of a lack of informed consent claim must show that the plaintiff failed to offer evidence that would prove the defendant neglected to disclose the risks and alternatives to the treatment, a reasonably prudent patient would not have undergone the treatment had they been disclosed, and the treatment proximately caused the plaintiff’s harm. In the subject case, the appellate court found that the defendant met its burden of proof with regard to both claims. In response, though, the plaintiff failed to refute the defendant’s assertions. Thus, it affirmed the trial court ruling.
Meet with an Experienced Syracuse Medical Malpractice Lawyer
The burden of proof shifts between the parties in medical malpractice cases, and if either party cannot meet their burden, the court may rule in favor of their opponent. If you were injured due to the carelessness of your treatment provider, you could be owed damages, and you should meet with an attorney as soon as possible. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are adept at proving that negligent doctors should be held responsible for the losses they cause, and if you hire us, we will diligently pursue the best outcome possible under the facts of your case. You can reach us through our form online or by calling us at 833-200-2000 to set up a conference.