Hospital Negligence

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.

Continuous Treatment Doctrine Did Not Save Patient’s Medical Negligence Claim Against a New York Hospital

Published on: February 16, 2021 | By Jeff DeFrancisco

The Legislature of the State of New York has codified the limitations period for a Syracuse medical malpractice lawsuit. This means that, generally speaking, someone who is hurt by the mistake of a doctor or other healthcare professional must file a claim within that time period, or else his or her right to seek money damages for medical expenses, pain and suffering, and other losses caused by the doctor’s mistake is forfeited.

However, it is important to note that there are exceptions to the general limitations period. Some exceptions, such as the continuous treatment doctrine, can potentially extend the period for filing suit. Likewise, there may be certain circumstances that result in a shorter effective limitations period. If you believe that you have a claim for medical negligence, it is important to talk to an attorney as soon as possible so that appropriate measures can be taken to preserve your claim.

(Notably, the statute of limitations may be different if you were treated in another state. In some states, the period for filing a claim can be substantially shorter (or potentially longer), so it is important to get legal advice that is state-specific.)

New York Woman’s Medical Malpractice and Wrongful Death Suit Dismissed on Statute of Limitations Grounds

Published on: February 14, 2021 | By Jeff DeFrancisco

If you have suffered injuries or lost a loved one due to the negligence of a healthcare provider, you should know that you have a limited amount of time to file a claim seeking money damages from the responsible individual, group, or hospital. This time period is referred to as the “statute of limitations” or “limitations period.”

Calculating the exact deadline for filing a Syracuse medical malpractice claim (or, for that matter, a wrongful death or personal injury claim) can be tricky, so it is important to talk to a lawyer about your case as soon as possible. An attorney knowledgeable in negligence law can help make sure your claim is timely filed after talking with you about the details of your case.

Each case is unique when it comes to the statute of limitations because, while there are general guidelines about timeliness, there are also situations in which a filing period can be shortened or extended. It is, thus, imperative that you can legal advice about your case as soon as you can. Cases not filed in a timely manner are likely to be dismissed, with the plaintiff receiving nothing for his or her injuries or loved one’s wrongful death.

New York Woman’s Medical Malpractice Case Against Hospital and Others Dismissed on Appeal

Published on: January 18, 2021 | By Jeff DeFrancisco

Each Syracuse medical malpractice case rests on its own unique set of facts. In some cases, it is alleged that a doctor failed to make a proper medical diagnosis and that a patient was harmed or died as a result.

Other cases pertain to procedures that were allegedly carried out in a careless or negligent fashion. Sometimes, the mistake may be glaringly obvious, such as a situation in which the wrong body part was removed or medical tools were left inside a patient’s body cavity. In other cases, an expert witness must painstakingly explain the alleged error to the jury so that they can understand the applicable standard of care and the manner in which it was supposedly breached.

Another possible claim in a medical negligence case involves a lack of informed consent. Under New York law, a physician or other medical professional has certain duties to explain both the risks and benefits of a particular medical procedure to a patient prior to him or her agreeing to such treatment.

New York Court Affirms Dismissal of Medical Malpractice Claim on Statute of Limitations Grounds

Published on: December 16, 2020 | By Jeff DeFrancisco

It is frequently said that “time is of the essence” when it comes to medical malpractice lawsuits in New York, especially those involving governmental entities. While it is certainly true that Syracuse medical malpractice claims should be made in a timely fashion in order to have a reasonable chance of a successful outcome, there are, in a few, very limited circumstances, some exceptions to the general rule regarding the time period for filing suit.

However, these limitations are subject to judicial interpretation, and the case law concerning the rules allowing for an exception can evolve over time. This happened in a recent case, as set forth below.

It was unclear exactly when the alleged act of medical negligence took place, but the case had apparently been in litigation for many years. Had the plaintiff acted in a more timely fashion, it is possible that the matter would have been resolved much sooner.

Summary Judgment Reversed in New York Medical Malpractice Claim Pertaining to Testicular Injury

Published on: November 10, 2020 | By Jeff DeFrancisco

We depend heavily upon the expertise of doctors and hospital personnel to properly diagnose and treat our medical conditions, illnesses, and injuries. Most of the time, they do, and we are grateful for their help.

Sometimes, however, mistakes are made, and the patient suffers great physical harm, pain, and suffering as a result. Most hospitals and physicians carry medical malpractice insurance that covers them in such situations, if the injured person is able to make out a claim for medical malpractice.

However, proving negligence against a medical provider is not always easy. Medical experts must be retained, records must be reviewed, and various court proceedings are likely to ensue if the case is not settled early.

New York County Was Proper Venue for Medical Malpractice Lawsuit, Despite Defendant’s Objection

Published on: October 23, 2020 | By Jeff DeFrancisco

One of the first considerations in filing a Syracuse medical malpractice lawsuit is the proper party or parties to name as defendants. Another important issue that may need to be addressed is the correct court for purposes of jurisdiction and/or venue.

When a defendant disagrees with the plaintiff’s choice of forum, he or she may seek a change of venue. Even if such a motion is not successful, the filing of such a motion can cause a delay in the plaintiff’s attempt to seek fair compensation.

If the motion is successful, the case may continue in another court. Unfortunately, that court may be less convenient or less desirable from the plaintiff’s perspective. A party who is dissatisfied with a trial court’s ruling on an issue of venue may have an option to seek appellate review prior to trial.

New York Appellate Division Rules Against Hip Surgery Patient Who Allegedly Had Recurrent MRSA Infection Following Surgery

Published on: October 15, 2020 | By Jeff DeFrancisco

A Syracuse hospital malpractice case may be based on one or several alleged breaches of the duty of care towards a patient. Failing to properly diagnose and treat an infection is one possible issue that could arise in such a case.

In order to prove negligence against a medical provider, the burden of proof rests on the plaintiff to establish, by expert proof, the duty of care that was applicable to the patient at the time in question. The plaintiff must also show that this duty was breached and that the breach of duty was the proximate cause of the injuries for which he or she seeks monetary compensation in the lawsuit at hand.

If the plaintiff is unable to produce competent and convincing medical expert testimony to support his or her theory of negligence, his or her case is likely to get dismissed on the defendant’s motion for summary judgment. In such a situation, the plaintiff’s case will not reach the jury, and he or she will receive $0 in compensation.

New York Woman’s Medical Malpractice Case Arising from Misdiagnosis Partially Dismissed on Statute of Limitations Grounds

Published on: September 10, 2020 | By Jeff DeFrancisco

Timeliness is of the essence in a Syracuse medical malpractice lawsuit. If a claim is not filed within the time allowed by law, it will eventually be dismissed by the courts, regardless of its merits.

Because of this, it is critically important that anyone who believes that they or a family member may have been hurt by the negligence of a doctor, nurse, hospital, or other medical provider seek timely legal advice about his or her case. An attorney experienced in these types of cases can provide the would-be plaintiff with important information about filing deadlines and other requirements.

An experienced malpractice attorney can also guide the plaintiff through the investigative phase of his or her case, helping secure medical records and consulting with potential expert witnesses who can testify on the plaintiff’s behalf at trial.

Medical Malpractice Case Dismissed by New York Court, Despite Plaintiff’s Attempt to Provide Additional Experts’ Affidavits

Published on: July 28, 2020 | By Jeff DeFrancisco

In most types of civil lawsuits, including a Syracuse medical malpractice lawsuit, it is the plaintiff who has the burden of proof. This means that plaintiff must investigate and litigate the case in such a manner as to provide proof of the duty of care that applied under the circumstances, the manner in which that duty was breached, the plaintiff’s physical injuries and other damages, and proximate causation.

In medical malpractice cases, this typically includes expert testimony from one or more qualified expert witnesses. It is not enough to merely offer an expert’s general opinion on the subject matter of the case; the expert must be willing to testify in great specificity as to the negligence of the doctor, hospital, or other medical professional and how it affected the plaintiff.

Unless the plaintiff has an expert who is willing to testify at trial as to matters such as the standard of care and causation, his or her case will fail. Thus, it is crucial that a would-be medical malpractice litigant contact an attorney who is experienced in medical negligence cases and who will be able to consult an appropriate expert witness to review the case.