Hospital Negligence

Court Explains Burdens of Proof in New York Medical Malpractice Cases

Published on: May 31, 2022 | By Jeff DeFrancisco

Strokes are critical medical events that require immediate care. As such, doctors that fail to provide stroke patients with a prompt diagnosis and treatment may inadvertently cause them to suffer irreparable harm. People hurt by the negligent management of strokes can seek compensation for their losses, but even in cases where there seems to be clear evidence of medical malpractice, doctors are typically reluctant to admit liability; instead, they will often seek dismissal via summary judgment. Recently a New York court issued an opinion explaining the burden of proof imposed on each party with regard to motions for summary judgment in medical malpractice cases, in a matter in which it denied the defendant’s motions. If you were harmed by incompetent medical care, you might be owed damages, and you should meet with a Syracuse medical malpractice attorney to assess what evidence you must produce to prove liability.

The Facts of the Case

It is alleged that the plaintiff presented to the defendant’s hospital complaining of lightheadedness, confusion, difficulty speaking, and right-sided weakness. He reported that he recently fell off of a stool as well. He was admitted to the hospital for evaluation and care and was treated by a radiologist, hospitalist, and neurologist during his admission. He was diagnosed with a stroke the following day, after which his condition worsened greatly.

He was ultimately transferred to another hospital for more extensive neurological care. The plaintiff subsequently filed a medical malpractice lawsuit against the defendant and his treatment providers, arguing their negligence caused him to suffer significant brain damage. The defendants each filed motions for summary judgment. Continue Reading ›

New York Court Discusses Notice in Medical Malpractice Claims Against Public Corporations

Published on: May 28, 2022 | By Jeff DeFrancisco

Many health care facilities in New York are owned and operated by public corporations. A patient that sustains harm due to incompetent medical care at a hospital owned by a public corporation has the right to pursue damages via medical malpractice claims, but they must adhere to specific notice requirements. If they fail to provide the public corporation with the notice required by New York law, their claims may be dismissed, as demonstrated in a recent opinion issued by a New York Court. If you suffered injuries while receiving care at a hospital, it is prudent to speak to a Syracuse medical malpractice lawyer as soon as possible to protect your right to seek compensation.

The Facts of the Case

It is alleged that the plaintiff underwent care at a hospital owned by the defendant city. The facts regarding the nature of his care were not provided, but he went on to suffer unspecified harm, which he alleged arose out of the negligence of the hospital employees. He subsequently filed a medical malpractice lawsuit against the defendant as well as an application to serve a late notice of claim or to deem the notice of claim timely filed. The trial court denied the motion, and the plaintiff appealed.

Notice in Medical Malpractice Claims Against Public Corporations

The appellate court affirmed the trial court ruling. In New York’s General Municipal Law section 50, parties allegedly harmed by the negligence of the employee of a public corporation must provide the corporation with notice of their potential claim within 90 days of the date the claim accrued. In the subject case, the court explained that even if the continuous treatment doctrine applied, the time period for filing a notice of claim would have expired in October 2019, but the plaintiff did not file his notice until September 2020. Continue Reading ›

Recent New York Opinion Highlights the Importance of Expert Testimony in Medical Malpractice Cases

Published on: May 20, 2022 | By Jeff DeFrancisco

The average person usually lacks an understanding of the standard of care imposed on medical professionals. As such, in most medical malpractice cases both sides will retain medical experts to explain to the judge or jury what is required under the applicable standard of care and to offer an opinion that supports their position as to whether the defendant complied with the standard. In most instances, the party that presents the most convincing expert opinion will prevail. Recently, a New York court issued an opinion highlighting the importance of expert testimony in medical malpractice cases. If you suffered harm due to the negligence of a treatment provider, you might be able to recover compensation, and you should speak to a Syracuse medical malpractice attorney as soon as possible.

History of the Case

It is alleged that the decedent presented to the defendant’s hospital with a fever, pain, and other symptoms. He was treated with antibiotics. He subsequently developed critical issues due to the side effects of the antibiotic and later passed away. The plaintiff filed a lawsuit against the defendant, asserting negligent hiring and supervision and medical malpractice claims.

Specifically, it is reported that the plaintiff argued the defendant’s physician’s negligent administration of the antibiotic and failure to monitor the decedent led to his fatal injuries. The defendant moved for summary judgment, arguing the plaintiff failed to demonstrate it deviated from the standard of care. The trial court granted the motion, dismissing all of the plaintiff’s claims, and the plaintiff appealed. Continue Reading ›

New York Court Discusses Evidence Sufficient to Support a Motion for Summary Judgment in a Medical Malpractice Case

Published on: February 20, 2022 | By Jeff DeFrancisco

In New York medical malpractice cases, it is not uncommon for a defendant to seek dismissal prior to trial. In most instances, they will do so by filing a motion asking the court to grant summary judgment in their favor. If they meet their evidentiary burden with regards to the claims asserted in the motion, the onus then shifts to the plaintiff, who must then produce evidence that shows factual disputes exist in order to defeat the motion. If the defendant fails to meet its burden, though, the motion will be denied regardless of the sufficiency of the plaintiff’s response, as illustrated recently in an opinion issued by a New York court in an emergency room malpractice case. If you suffered harm due to the recklessness of a health care provider, it is wise to talk to a Syracuse medical malpractice attorney about your rights.

Historical Background of the Case

It is alleged that the decedent visited the emergency department of the defendant medical center, where she was evaluated by the defendant doctor. She presented with complaints of a severe headache, which the defendant diagnosed as a migraine. He discharged the decedent, who followed up with her primary care physician. After a subsequent visit to the emergency department, she died of a subarachnoid hemorrhage.

Reportedly, the decedent’s estate then filed medical malpractice claims against the defendant doctor and alleged that the defendant hospital was liable for his negligence. The defendant hospital asked the court to dismiss the plaintiff’s claims through summary judgment. The court denied the motion, and the defendant appealed. Continue Reading ›

New York Court Sets Forth Grounds for Overturning a Verdict in a Medical Malpractice Case

Published on: February 16, 2022 | By Jeff DeFrancisco

Most plaintiffs pursuing medical malpractice claims will rely on a jury rather than a judge to decide issues of liability and damages. As juries are comprised of human beings, though, they are not immune to mistakes, and in some cases, they fail to rule in accordance with the evidence. Luckily, the law allows parties who feel that a jury ruled improperly to seek a new trial or a judgment notwithstanding the verdict. Obtaining such relief is not easy, however, as demonstrated in a recent opinion set forth by a New York court in a medical malpractice case. If you suffered harm due to incompetent care rendered by a physician, you have the right to pursue claims for your losses, and it is smart to speak to a Syracuse medical malpractice attorney as soon as possible.

Background of the Case

It is alleged that the decedent was hospitalized due to a pulmonary embolism. He was subsequently diagnosed with cancer and later died. The plaintiff, the executor of his estate, filed a wrongful death and medical malpractice lawsuit naming the hospital and numerous doctors as defendants. The matter progressed to trial, and after the plaintiff presented her evidence, she settled with one of the defendants. The trial concluded, after which the jury found that while the first individually named defendant departed from the standard of care, the second had not. The plaintiff moved to set aside the verdict as to the second individually named defendant. The trial court denied her request, and she appealed.

Grounds for Overturning a Verdict in a Medical Malpractice Case

On appeal, the court expounded that a court may not set aside a jury’s verdict in favor of a defendant unless it finds that the evidence weighs so heavily in favor of the plaintiff that the jury could not have reached the verdict had it fairly interpreted the evidence. If a verdict aligns with a reasonable view of the evidence, though, the defendant is entitled to the presumption that the jury adopted a reasonable view. Continue Reading ›

New York Court Evaluates Summary Judgment in Medical Malpractice Cases with Conflicting Expert Reports

Published on: February 4, 2022 | By Jeff DeFrancisco

Expert testimony is essential in New York medical malpractice cases. Specifically, the success of a plaintiff’s claims may hinge on the strength of their expert’s opinion. Similarly, defendants often rely on expert opinions in support of their assertion that they should not be deemed liable for the plaintiff’s harm. In cases in which expert opinions conflict, the courts will typically deny any motions for judgment as a matter of law. If they do not, it may be grounds for reversal, as demonstrated in a recent ruling issued in a New York hospital malpractice action. If you were injured due to negligent care in a hospital, it is smart to speak to a Syracuse medical malpractice lawyer about what evidence you need to recover damages.

The Facts of the Case

It is alleged that the decedent visited the emergency department of the defendant hospital with complaints of swelling in her legs. The defendant doctor diagnosed her with peripheral vascular disease and discharged her. The decedent’s condition initially improved, but nine days later, she visited a second emergency department, again complaining of swelling in both legs. An ultrasound showed that she had acute deep vein thrombosis (DVT) in both legs.

Reportedly, shortly after the examination, she suffered a cardiac arrest and died. An autopsy later revealed DVT to be the cause of her death. The plaintiff subsequently filed a lawsuit against the defendants, asserting medical malpractice and wrongful death claims. The defendants moved for summary judgment, and the trial court granted their motion, after which the plaintiff appealed. Continue Reading ›

New York Court Discusses Evidence Sufficient to Defeat Summary Judgment in Malpractice Cases

Published on: November 20, 2021 | By Jeff DeFrancisco

A motion for summary judgment is a procedural tool that defendants in medical malpractice cases often use in an effort to persuade the courts to dismiss the claims against them rather than allowing them to proceed to trial. The courts will only grant a summary judgment in cases in which the plaintiff fails to establish the existence of a material factual dispute, however. As such, if the plaintiff offers any evidence that would support the assertion that the defendant may be liable for the plaintiff’s damages, summary judgment is improper. This was demonstrated recently in a ruling issued in a New York medical malpractice matter in which the court declined to adopt the defendant hospital’s assertion that it was entitled to judgment as a matter of law. If you suffered harm due to incompetent care that you received in a hospital, you might be owed damages, and you should meet with a Syracuse hospital malpractice lawyer to assess your options for seeking compensation.

The Decedent’s Harm

It is reported that the decedent, who suffered from multiple sclerosis, was admitted to the defendant hospital with complaints of abdominal pain and distention. He underwent a test and was diagnosed with a pseudo-obstruction of the bowel and prescribed medication. He was evaluated numerous times during his admission due to worsening symptoms, but his treatment largely remained unchanged. Nine days after he was admitted, he died due to an internal hemorrhage and a tear of the iliac artery.

Allegedly, the decedent’s estate filed a medical malpractice lawsuit against the defendant hospital and the doctors who treated the decedent. The defendants moved for summary judgment, and the court granted their motion. The plaintiff then appealed. Continue Reading ›

New York Court Discusses a Plaintiff’s Burden of Proof in a Medical Malpractice Case

Published on: May 20, 2021 | By Jeff DeFrancisco

Under New York law, a plaintiff alleging harm due to medical negligence must prove that the treating provider deviated from the standard of care that is accepted in the relevant community. Even if a plaintiff meets this burden, he or she may be denied the right to recover damages, however, unless it is also established that the breach of the duty owed caused the plaintiff to suffer quantifiable harm. The consequence of the failure to demonstrate causation was the topic of a recent opinion issued by a New York court, in a matter in which the court dismissed the plaintiff’s malpractice claims against a hospital. If you were harmed by a careless physician, you might be owed compensation, and it is smart to speak to a skillful Syracuse medical malpractice lawyer about your options.

The Decedent’s Harm

It is reported that the decedent was admitted to the defendant hospital with complaints of dizziness and shortness of breath. During his admission, he fell while standing to answer a telephone and fractured his cervical spine. He underwent surgery to repair the fracture but suffered complications and had to be placed on a ventilator. He was taken off of life support and died a short time later.

The plaintiffs, representatives of the decedent’s estate, filed medical malpractice claims against the defendant, alleging it failed to determine that the decedent was at an increased risk for falls and to take appropriate measures to prevent him from falling. The defendant moved for dismissal via summary judgment, and the court granted its motion. The plaintiff then appealed. Continue Reading ›

Summary Judgment Should Have Been Granted to Some Defendants in New York Man’s Medical Malpractice Case Arising from Failure to Diagnose Malaria

Published on: April 9, 2021 | By Jeff DeFrancisco

In a Syracuse medical malpractice case, the plaintiff has the burden of proving that the defendant medical provider breached the applicable standard of care. This standard must be determined on a case-by-case basis because not every doctor, nurse, or medical clinic owes a patient the same duty.

For instance, physicians in different specialties may have different duties to diagnose a particular disease in a patient. This means that a general practitioner or “family doctor” might not be expected to recognize a rare disease or illness in every situation.

It should also be noted that, even if it is determined that a particular medical provider did breach a duty of care, the inquiry does not stop there. Additionally, the plaintiff must also be able to show, by a preponderance of the evidence, that this breach of care was a proximate cause of the injuries for which the patient or his or her family seeks monetary compensation.

Denial of Summary Judgment on Continuing Treatment Exception Affirmed on Appeal by New York Court

Published on: March 5, 2021 | By Jeff DeFrancisco

In some Syracuse medical malpractice cases, there is but a single defendant. This could be a family doctor who ignored a patient’s symptoms of a life-threatening emergency medical condition, resulting in the patient’s death, or it could be a surgeon who negligently left medical instruments inside a patient’s body, resulting in serious bodily injury.

In most cases, however, there are multiple defendants. Sometimes these defendants are connected, such as an emergency room doctor and the hospital at which he or she provided care.

There are also cases in which the various defendants’ were not connected, except in the sense that they each provided care to the same patient. These factors can complicate matters such as the statute of limitations and whether the continuous treatment doctrine has been established if the complaint was filed beyond the ordinary deadline and an exception is sought.