Close
Serving Clients Throughout Upstate New York with Multiple Convenient Locations Syracuse | Oneida | Watertown | New Hartford | Binghamton | Cortland | Rochester | Oswego | Albany | Buffalo
Updated:

New York Court Discusses Delayed Notice in Medical Malpractice Claims

Medical malpractice claims require plaintiffs to prove that a healthcare provider’s deviation from the standard of care was a proximate cause of their injuries. If they do not, their claims may be dismissed, as shown in a recent New York decision where the court found that the plaintiff failed to establish causation related to an alleged delay in notifying a physician of a patient’s deteriorating condition. If you suffered harm due to medical negligence, you should consult with a skilled Syracuse medical malpractice attorney to understand your options.

Factual and Procedural Background

It is alleged that the plaintiff instituted a medical malpractice action against a hospital and its staff, asserting that their failure to promptly notify the attending physician of a change in her condition led to the amputation of her right leg. The plaintiff was admitted to the hospital with symptoms of septic shock and required surgery. Reportedly, the attending physician assessed her condition late in the evening and determined that surgery could be delayed until the following morning unless her condition worsened. The physician instructed the hospital staff to notify him of any significant changes.

Allegedly, at 1:00 a.m., the plaintiff’s blood pressure dropped significantly, but hospital staff failed to alert the attending physician until 3:00 a.m., after a second episode of low blood pressure and a rise in heart rate. Surgery commenced at 6:00 a.m., but the plaintiff developed a blood clot in her leg post-operatively. Due to her critical condition, surgery to remove the clot was deemed unfeasible, resulting in the need for an above-the-knee amputation.

At trial, the hospital moved for judgment as a matter of law, asserting that the plaintiff failed to provide sufficient evidence linking the delayed notification to her injuries. The trial court granted the motion, and the plaintiff appealed.

Legal Standards and Ruling

On appeal, the court evaluated whether the trial court properly granted the hospital’s motion for judgment as a matter of law. Under New York law, a plaintiff alleging medical malpractice must demonstrate (1) the applicable standard of care, (2) a breach of that standard, and (3) that the breach was a proximate cause of the plaintiff’s injuries.

The court noted that the plaintiff’s expert testified that the hospital staff breached the standard of care by failing to notify the attending physician at 1:00 a.m. of the plaintiff’s deteriorating condition. However, the expert did not provide testimony linking the delay to the amputation. Specifically, no evidence was presented to show that earlier notification would have altered the physician’s treatment decisions or prevented the amputation. The court held that, without this evidence, any finding of causation would be speculative.

The appellate court emphasized that expert testimony is critical in medical malpractice cases to establish both a departure from the standard of care and causation. Because the plaintiff’s case lacked sufficient evidence on the issue of causation, the court affirmed the dismissal of the claim.

Meet with an Experienced New York Medical Malpractice Attorney

Medical malpractice claims often involve complex legal and medical issues and proving causation is critical to obtaining a favorable outcome. If you were harmed by negligent care, it is essential to meet with an attorney promptly. The experienced Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your case and help you pursue the compensation you deserve. Contact us at 833-200-2000 or use our online form to schedule a consultation.

Contact Us