Failure to diagnose a medical condition in a timely manner can lead to catastrophic harm. Such oversights are particularly alarming when the condition is detectable through proper medical assessment and often give rise to claims against negligent providers. In medical malpractice cases, courts often examine whether healthcare providers overlooked critical signs or failed to follow appropriate diagnostic protocols. While healthcare providers accused of such negligence will often attempt to avoid liability, they cannot do so without compelling expert testimony, as demonstrated in a recent New York opinion. If you or a loved one suffered harm due to a missed diagnosis, it is in your best interest to consult with a Syracuse medical malpractice attorney who can help you understand your legal options.
Factual and Procedural History
It is alleged that the patient, a minor, sought treatment from the defendant physician in January 2017 for persistent leg pain. Reportedly, diagnostic imaging was performed, but the physician failed to diagnose an aneurysmal bone cyst or other bone lesion in the patient’s left fibula. The untreated lesion allegedly worsened over several months, leading to the need for extensive surgery in September 2017 to remove the lesion. The plaintiff, acting individually and as the patient’s mother, asserted that the physician’s failure to diagnose the condition in a timely manner resulted in permanent injuries.
It is reported that the plaintiff filed a medical malpractice lawsuit against the physician and affiliated healthcare providers, alleging that the delayed diagnosis and lack of appropriate follow-up care caused significant harm. The defendants moved for summary judgment, arguing that they adhered to the accepted standard of care and that any alleged deviation did not proximately cause the patient’s injuries. The trial court granted the motion, dismissing the plaintiff’s claims and prompting an appeal.
Expert Testimony Needed to Avoid Liability in Medical Malpractice Cases
The court evaluated the case under the standard applicable to summary judgment motions in medical malpractice claims. It reiterated that a defendant seeking summary judgment must establish either that there was no departure from the standard of care or that any alleged departure did not proximately cause the plaintiff’s injuries. The burden then shifts to the plaintiff to provide expert testimony demonstrating that a deviation from the standard of care occurred and was a proximate cause of the harm suffered.
In support of their motion, the defendants submitted expert testimony asserting that the diagnostic imaging did not definitively reveal a bone lesion and that the physician acted within the standard of care. However, the court found that the defense expert’s opinion was insufficient, as it failed to address evidence suggesting that the lesion was visible on imaging and that the physician should have identified it earlier. Moreover, the defense expert did not specifically refute the plaintiff’s claims regarding the physician’s failure to diagnose and provide timely treatment.
Given these deficiencies, the appellate court determined that the defendants failed to meet their prima facie burden for summary judgment. As a result, the appellate court reversed the trial court’s ruling and denied the defendants’ motion, allowing the plaintiff’s claims to proceed.
Consult an Experienced Syracuse Medical Malpractice Attorney
Timely and accurate diagnosis is critical to effective medical treatment, and failure to identify a condition can have serious consequences. If you or a loved one has suffered harm due to a misdiagnosis or delayed diagnosis, you may have grounds for a medical malpractice claim. The experienced Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can assess your case and guide you through the legal process. Contact us at 833-200-2000 or reach out online to schedule a consultation.