Articles Posted in Hospital Negligence

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. Continue Reading ›

During the COVID-19 pandemic, people admitted to healthcare facilities faced an increased risk of harm due to the likelihood of the spread of the disease. As such, the government passed laws largely granting immunity to such facilities during the pandemic. The immunity was not all-encompassing, however, as demonstrated by a recent New York ruling in which the court declined to dismiss claims against a hospital under the EDTPA. If you were hurt by inadequate medical care, it is wise to confer with a Syracuse medical malpractice lawyer regarding your potential claims.

Factual and Procedural Background

It is alleged that the plaintiff, an elderly woman, was admitted to the defendant’s hospital in March 2020 with cellulitis in her right leg and other health conditions, including deep vein thrombosis and dementia. She had also suffered a recent fall and was diagnosed with a possible acetabular fracture. During her hospital stay, the medical staff conducted various assessments, including Braden Scale evaluations, to monitor the risk of skin breakdown. Despite preventive measures, including repositioning and using specialized equipment, the plaintiff was discharged in early April 2020 without any documented skin breakdowns.

Reportedly, however, upon her admission to another facility the following day, multiple pressure ulcers and skin issues were recorded, leading the plaintiff to claim that these injuries were caused by the hospital’s negligence. The plaintiff and her power of attorney filed a medical malpractice lawsuit, alleging that the hospital failed to properly prevent and treat the pressure ulcers. In response, the defendant hospital sought summary judgment, claiming immunity under the Emergency or Disaster Treatment Protection Act (EDTPA) due to the COVID-19 pandemic. Continue Reading ›

Medical professionals have an obligation to provide their patients with competent care. If they neglect to do so, thereby causing their patients harm, it may constitute medical malpractice. Not all injuries that occur in the context of medical care constitute medical malpractice, however. In a recent New York opinion, a court distinguished medical malpractice from ordinary negligence, ultimately finding that the harm in question was the result of a deviation from a professional standard of care. If you were hurt by the carelessness of a treatment provider, it is smart to talk to a Syracuse medical malpractice lawyer about what claims you may be able to pursue.

Factual and Procedural Background

It is reported that in January 2016, the decedent was a patient at the medical center operated by the defendants. During a procedure in the catheter lab, attended by a nurse employed by the medical center and another nurse employed by a staffing company, the decedent, who was legally blind, fell from an examination table after one of the nurses momentarily stepped away. The fall resulted in injuries to the decedent. In 2016, the decedent initiated a lawsuit alleging medical malpractice and lack of informed consent against the medical center and its nurse, filing a certificate of merit as required by law.

Allegedly, in 2018, the decedent began a separate action against the defendants, alleging negligence in her care, specifically mentioning failures in supervision and fall risk assessment due to her blindness, medical conditions, and medications. The decedent died while the case was ongoing, and the plaintiff, as the administrator of the estate, was substituted in the case. The defendants filed a cross-motion to compel the plaintiff to serve a certificate of merit and notice of medical malpractice and to transfer the case to the medical malpractice part. The plaintiff opposed, arguing the case was one of negligence, not medical malpractice. The court denied the defendants’ cross-motion, leading to the appeal. Continue Reading ›

A plaintiff that wishes to pursue medical malpractice claims generally has the right to determine where to file their case. There are limitations to this general right, however. Specifically, the court must have the authority to exercise jurisdiction over a medical malpractice case, and if it does not, the case must be dismissed. This was illustrated recently when a New York federal district court dismissed a plaintiff’s medical malpractice case due to lack of subject matter jurisdiction. If you were hurt by the negligence of your healthcare provider, it is wise to talk to a Syracuse medical malpractice attorney to determine if you may be able to pursue a claim for damages.

Facts and Procedure of the Case

It is alleged that the plaintiff visited the emergency room of the defendant’s medical center with pain in his ribs and lacerations on his head. The physicians at the defendant’s medical center took x-rays of the plaintiff’s chest, gave him stitches, and discharged him. Three days later, he visited the emergency department of another hospital with ongoing complaints of chest pain; the doctors at the second hospital diagnosed the plaintiff with three rib fractures.

It is reported that the plaintiff subsequently filed a lawsuit against the defendant in federal court, arguing that it was liable for medical malpractice for failing to diagnose his fractures. He then moved to proceed in forma pauperis. Continue Reading ›

In the context of medical malpractice claims, injured patients may not only seek compensation from the doctors and other health care providers that caused their harm but also from the hospitals or healthcare systems that employ them. As discussed in a recent New York opinion set forth in a medical malpractice case, however, corporate officers and directors of such facilities will not be deemed personally liable for the negligence of facility employees simply due to their positions. If you sustained injuries due to a careless physician, it is in your best interest to talk to a Syracuse medical malpractice lawyer about what claims you may be able to pursue.

Procedural History of the Case

It is reported that the plaintiff suffered harm following a surgical procedure at a hospital. The nature of her underlying condition and subsequent injuries were not disclosed. Regardless, she subsequently instituted a medical malpractice action in which she named the hospital where she received the allegedly negligent care that caused her harm, the doctors that provided her care, and the Chief Operating Officer of the hospital as defendants.

Allegedly, the plaintiff alleged the Chief Operating Officer was liable under a theory of respondeat superior. The Chief Operating Officer moved for the dismissal of the claims against him. The trial court granted the motion, and the plaintiff appealed. Continue Reading ›

For various reasons, people may be reluctant to hire attorneys to help them pursue medical malpractice claims. In many instances, though, the decision to proceed pro se can be fatal to their case. This was demonstrated recently when a New York federal court dismissed a plaintiff’s medical malpractice claims on the ground that there was no basis for exercising federal jurisdiction. If you were injured by incompetent medical care, you should speak to a Syracuse medical malpractice lawyer to assess your options for seeking damages.

The Factual and Procedural History of the Case

It is reported that the plaintiff filed a lawsuit against the defendant health care providers pursuant to Section 1983, which establishes causes of action for the deprivation of any privileges, rights, or immunities granted by the United States Constitution and laws. Among other things, he asserted a medical malpractice claim against the defendants. His claims arose out of the assertion that while he was confined to a state facility, he was transported to a hospital for evaluation. The defendant health care providers assessed him and treated him. He was discharged after approximately two months.

Allegedly, two days later, he complained of shortness of breath and was transported to a second hospital, where he was diagnosed with respiratory distress and bilateral pneumonia. He was transferred back to the hospital where the defendants worked, where he remained for another month. The plaintiff’s first complaint was dismissed for failure to state a claim; his second amended complaint was before the court. Continue Reading ›

Many hospitals and medical facilities in New York receive federal funding. If a patient suffers harm due to incompetent care received in such a facility, they can seek damages via medical malpractice claims, but they are bound by a different set of procedural requirements than those pertaining to claims against private facilities. The courts strictly construe such requirements, and if they find that a plaintiff failed to comply with them, they will most likely dismiss their claims, as demonstrated in a recent New York opinion. If you were hurt by the negligence of a medical professional, you could be owed damages, and it is smart to speak to a Syracuse medical malpractice lawyer as soon as possible.

The Plaintiff’s Claims

It is reported that between June 2016 and January 2017, the plaintiff received medical treatment from the defendants, including assessments, examinations, and surgery. The plaintiff asserted that because of the defendant’s negligence and failure to obtain her informed consent, she suffered personal injuries. As such, she filed a medical malpractice lawsuit against the defendants in state court.

Allegedly, the defendants removed the action to the federal district court pursuant to the Federal Tort Claims Act (FTCA) on the grounds that the defendants worked in a federally funded facility and were, therefore, employees of the United States and acting in the scope of their employment when they treated the plaintiff. They then moved to dismiss the complaint on the grounds that the court lacked subject matter jurisdiction over the case. Continue Reading ›

Emergency room doctors encounter a plethora of conditions that vary in severity throughout the course of their day. Regardless of what type of issues they are presented with, however, they have an obligation to offer treatment that complies with the standard of care. If the care they render falls outside of what is considered the accepted and good practice of medicine and causes a patient harm, it may be grounds for pursuing malpractice claims. Recently, a New York court analyzed whether a doctor’s behavior constituted malpractice in a case in which the plaintiff suffered brain injuries due to a missed diagnosis. If you were harmed by incompetent medical care, you should meet with a Syracuse medical malpractice lawyer to evaluate your potential claims.

Factual Background

It is reported that the plaintiff went to the defendant’s hospital after she was experiencing difficulty speaking or thinking and seeing flashing lights for most of the day. She was assessed as a 0 on the stroke scale. The defendant emergency room doctor ordered a brain MRI regardless but discharged her before it was reviewed. The defendant radiologist, who reviewed the MRI, found no evidence of stroke upon his first review, but upon a second review found a stroke.

Allegedly, the plaintiff returned to the hospital the following morning with additional symptoms. She subsequently filed a medical malpractice lawsuit against the defendants. The defendants moved for summary judgment at the close of discovery. The court denied the defendant radiologist’s motion but granted the defendant hospital’s and defendant doctor’s motion. The plaintiff and the defendant radiologist appealed. Continue Reading ›

In medical malpractice cases, the parties will usually disagree on issues like liability and damages. In such matters, the courts will generally determine that there is a factual dispute sufficient to require a trial. In other words, it is unusual for a court to rule in favor of one party as a matter of law. While summary judgment is rare in medical malpractice cases, it can occur, as demonstrated recently by a New York ruling. If you were harmed by the negligence of your doctor, you could be owed damages, and you should speak to a Syracuse medical malpractice attorney as soon as possible.

The Facts of the Case

It is reported that the decedent visited the defendant hospital with complaints of chest pain and shortness of breath. When he was at the hospital, he was examined by the defendant physicians. He ultimately suffered a ruptured aorta and died. The plaintiff, the administrator of the decedent’s estate, filed a lawsuit against the defendants, alleging they failed to diagnose or treat the decedent’s aortic dissection, resulting in his death. She asserted wrongful death and medical malpractice claims against them. After the completion of discovery, the plaintiff moved for judgment in her favor via summary judgment. The court ruled in favor of the plaintiff, and the defendant appealed.

Summary Judgment in Medical Malpractice Cases

On appeal, the court affirmed the trial court ruling. In doing so, it explained that contrary to the defendants’ assertions, the plaintiff met her burden of proving she was entitled to judgment as a matter of law. Specifically, she set forth the affirmation of a medical expert who explained his qualifications and stated that, after reviewing the medical records, he determined that the defendants acted negligently and that their negligence impacted the decedent’s health. Continue Reading ›