Articles Posted in Medical Malpractice

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. Continue Reading ›

Businesses that regularly welcome customers into their facilities have a duty to ensure that their premises are safe. Sadly, not all businesses uphold applicable safety standards and allow dangerous conditions to exist on their property. If such neglect leads to a fall, the injured party may be able to pursue claims against the business. In some cases, expert testimony may be necessary to demonstrate the defendant’s deviation from the standard of care, as discussed in a recent New York case. If you suffered harm in a slip and fall accident, meeting with a Syracuse personal injury lawyer about your rights is in your best interest.

History of the Case

It is reported that the plaintiff filed a lawsuit against the defendant after sustaining injuries from a fall at a United States Post Office. The incident occurred when the plaintiff was at the post office to mail packages. After dropping off several packages inside, she was directed to take the last package, a typewriter, to the loading dock. As the plaintiff walked toward the dock, she stepped onto a single-step landing that was part of the loading area.

Allegedly, after handing the package to an employee, the plaintiff turned around to walk away but slipped on the yellow-painted edge of the landing, falling and breaking three bones in her right foot. The plaintiff alleged that the landing was unsafe, with a worn and slippery surface, and that trucks backing into the dock had further damaged the area. The plaintiff’s expert supported these claims, stating that the landing’s height and slope violated safety standards. The defendant moved to exclude the expert testimony and sought summary judgment, arguing that the plaintiff failed to establish negligence or a dangerous condition. Continue Reading ›

Some health conditions, like hernias, require surgical repair. While such procedures provide many benefits, there are often dangers associated with them as well. As such, it is incumbent that doctors advise patients of both the pros and cons of a procedure so that the patients can knowingly decide whether to proceed. If a physician fails to do so, and the patient suffers harm, the physician may be liable for lack of informed consent, as explained in a recent New York case.  If you suffered harm due to a doctor’s failure to adequately inform you of the risks of surgery, it is wise to talk to a Syracuse medical malpractice lawyer at your earliest convenience.

History of the Case

It is reported that the plaintiff brought a lawsuit seeking damages for injuries allegedly sustained due to a laparoscopic ventral hernia repair performed by the defendant, a surgeon. During the procedure, the plaintiff’s bowel was reportedly perforated, requiring corrective surgery. The plaintiff claimed medical malpractice and lack of informed consent. The defendant moved for summary judgment to dismiss the complaint, arguing that they adhered to medical standards and provided adequate informed consent. The trial court denied the motion, prompting the defendant to appeal the decision.

Evidence Needed to Establish a Lack of Informed Consent Claim

On appeal, the court affirmed the trial court’s decision to deny the defendant’s motion for summary judgment. Regarding the lack of informed consent claim, the court explained that for such a claim to succeed, the plaintiff must demonstrate that the practitioner failed to disclose the risks, benefits, and alternatives that a reasonable practitioner would have disclosed and that a fully informed person in the plaintiff’s position would have declined the procedure. Continue Reading ›

In medical malpractice cases, both parties will usually set forth expert affidavits in support of their respective positions. If one party’s expert report is found lacking, the court may enter judgment in favor of the other party. If both expert reports are supported by facts and evidence but conflict, however, it is likely that the case will have to proceed to trial, as illustrated in a recent New York ruling. If you were injured by a negligent physician, it is important to understand your rights, and you should speak with a Syracuse medical malpractice attorney at your earliest convenience.

Case Setting

It is alleged that the plaintiff received treatment from the defendant, a physician, at a hospital owned by the defendant healthcare company between September 2015 and May 2016. In October 2015, the defendant physician performed cataract removal surgery on the plaintiff’s right eye. Following the surgery, the plaintiff initiated legal action against the defendants, alleging medical malpractice, among other claims.

It is reported that the defendants sought summary judgment to dismiss the complaint, arguing that there was no departure from accepted medical practices or that any alleged deviation was not the proximate cause of the plaintiff’s injuries. The trial court denied the defendants’ motion for summary judgment concerning the medical malpractice claim. The defendants then filed an appeal. Continue Reading ›

The struggle to have children can be heartbreaking. Thankfully, many people dealing with infertility can get help conceiving via advanced reproductive technology like IVF. If an IVF procedure is not performed properly, it may impact a party’s ability to grow their family. As discussed in a recent New York case, however, errors made during the IVF process most likely do not constitute general negligence. Instead, they usually give rise to medical malpractice claims. If you suffered losses due to mistakes made by a fertility specialist, it is wise to confer with a Syracuse medical malpractice lawyer to determine what claims you may be able to pursue.

History of the Case

It is reported that the plaintiff underwent in vitro fertilization (IVF) treatment at the defendant’s fertility center, successfully giving birth to her first child. However, her subsequent IVF treatment to conceive a second child genetically related to her first child was unsuccessful. The plaintiff filed a lawsuit alleging several causes of action, including violations of General Business Law, ordinary negligence, intentional infliction of emotional distress, and others. The court dismissed most of her claims, leading to the plaintiff’s appeal.

General Negligence in the Context of Medical Care

On appeal, the court reviewed the dismissal of the plaintiff’s claims, affirming and reversing in part. The court determined that the plaintiff’s cause of action for a violation of General Business Law § 349 should not have been dismissed, citing the plaintiff’s allegations of materially deceptive advertising about the IVF success rates as consumer-oriented conduct targeted by the statute. Continue Reading ›