Articles Posted in Medical Malpractice

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 ›

People throughout New York sought treatment for COVID-19 during the pandemic. While many people received appropriate care, some did not and ultimately developed injuries due to the carelessness of their treatment providers. Whether people who sustained such losses can recover compensation via medical malpractice claims depends, in part, on whether the provider in question is immunity from liability pursuant to the PREP Act. Only certain care qualifies for immunity, though, as explained in a recent New York opinion. If you or a loved one sustained losses because of inadequate medical care, you should consult a Syracuse medical malpractice lawyer to determine your options.

Case Facts and Procedural Setting

It is alleged that the plaintiff, along with his wife, commenced a medical malpractice lawsuit against the defendant hospital seeking damages for the development of pressure ulcers while undergoing treatment for COVID-19. The defendant filed a motion to dismiss the complaint, contending immunity from liability under the United States Public Readiness and Emergency Preparedness Act (PREP Act) due to the use of a “covered countermeasure” during a public health emergency. The trial denied the motion, prompting the defendant to appeal.

Liability for Injuries Sustained During COVID-19 Treatment

The salient issue on appeal was whether the plaintiff’s claims fell within the scope of immunity provided by the PREP Act. Ultimately, the court agreed with the trial court’s reasoning and affirmed its opinion. Continue Reading ›

Pursuant to New York law, people injured by negligent medical care have the right to pursue medical malpractice claims against the providers responsible for their harm. They must act promptly, though, as if they fail to pursue their claims within the statute of limitations, they may be dismissed, as demonstrated in a recent New York case. If you were injured by an incompetent doctor, it is wise to consult a Syracuse medical malpractice lawyer as soon as possible to avoid waiving your right to recover damages.

Procedural and Factual Setting

It is alleged that the plaintiff initiated an action against the defendant doctor and another defendant, alleging medical malpractice related to the diagnosis and treatment of her breast cancer from June 2014 to October 2017. This case was consolidated with another action involving different defendants. In April 2021, the defendant doctor moved to dismiss the complaint against him, citing untimeliness and lack of personal jurisdiction.

Reportedly, the defendant doctor presented evidence demonstrating that he had only treated the plaintiff once on June 22, 2017, and had not been served with the summons and complaint. The plaintiff opposed the motion, relying solely on uncertified medical records to argue that the complaint against the defendant doctor was timely and cross-moved for an extension of time to serve him with the summons and complaint. The trial court denied the defendant doctor’s motion and granted the plaintiff’s cross-motion. The defendant doctor appealed. Continue Reading ›

In New York medical malpractice cases, a plaintiff must prove not only that the defendant failed to uphold the applicable standard of care but also that the defendant’s departure from the standard of care caused the plaintiff’s harm. In other words, the failure to demonstrate causation is typically fatal to a plaintiff’s medical malpractice claim. In a recent New York opinion, a court explained what evidence is needed to establish causation in medical malpractice cases. If you were hurt while receiving medical care, it is advisable to talk to a Syracuse medical malpractice lawyer about what evidence you must produce to present a winning claim.

History of the Case

It is alleged that the plaintiff’s husband was involved in a motor vehicle accident in November 2013, allegedly due to contact with a car operated by another driver. Following the accident, the plaintiff’s husband sought treatment from the defendant chiropractor, among others. While undergoing treatment, he suffered a deep vein thrombosis in late July 2014, which required surgery.

It is reported that the plaintiff’s husband ultimately died due to complications arising out of the deep vein thrombosis. Subsequently, the plaintiff, representing the estate of her deceased husband, initiated legal proceedings against the defendant chiropractor, alleging medical and chiropractic malpractice. The defendant moved for summary judgment, arguing the plaintiff failed to demonstrate causation. The trial court granted the defendant’s motion and the plaintiff appealed. Continue Reading ›

Doctors have an obligation to not only provide their patients with competent care but also to advise them of their treatment options and the potential benefits and disadvantages of each choice. If a doctor fails to adequately inform a patient of the risks of a procedure and the patient subsequently suffers harm, the doctor can be held accountable, even if the patient’s injuries are due to a known danger. As discussed in a recent New York ruling issued in a lack of informed consent case, however, the injured party must present certain evidence to prevail in a civil action against the provider. If you sustained losses due to the incompetence of a healthcare provider, you should speak to a Syracuse medical malpractice lawyer about what claims you may be able to pursue.

Case Setting

The plaintiff, along with her husband, commenced a legal action to seek damages for medical malpractice and lack of informed consent against the defendant, a physician, and the defendant’s employer. They alleged that the defendant caused serious injuries to the injured plaintiff during a physical examination in June 2015, claiming that the examination was aggressive, forceful, and negligent. Additionally, they asserted that the defendant failed to obtain informed consent for the examination. The defendants moved for summary judgment to dismiss the complaint, which the trial court granted. The plaintiffs then appealed the decision.

Evidence Sufficient to Demonstrate Lack of Informed Consent

On appeal, when considering the defendants’ motion for summary judgment on the medical malpractice cause of action, the court highlighted the necessity for the defendants to establish prima facie that there was no departure from the standard of care or that any deviation did not cause the plaintiff’s injuries. Continue Reading ›

It is not uncommon for people who suffer fractures to undergo care with multiple providers; if they subsequently suffer complications, each provider may ultimately be deemed responsible for their losses. Whether a medical malpractice case involves one or many defendants, though, the plaintiff must establish a deviation from the accepted standard of care and show that such a departure caused their harm in order to recover damages. Recently, in a New York ruling delivered in a medical malpractice case, the court clarified what evidence is needed to demonstrate a breach of the standard of care. If you sustained damages because of the negligence of a doctor, it is smart to meet with a Syracuse medical malpractice attorney to evaluate your options.

The Plaintiff’s Injuries and Claims

It is alleged that the plaintiff fractured her left wrist in January 2018. The fracture was treated by the first defendant, an orthopedic surgeon, through a closed reduction. Subsequent X-rays showed mild displacement, and the plaintiff was discharged with instructions to follow up. Over the following weeks, the plaintiff experienced increasing symptoms, leading to a diagnosis of complex regional pain syndrome by the second defendant, another orthopedic surgeon.

It is reported that in July 2019, the plaintiff commenced a medical malpractice case against the defendants, along with an orthopedic surgeon and physician assistant. The lawsuit alleged failure to obtain informed consent, negligence, and medical malpractice. The defendants moved for summary judgment; the court denied their motion, and they appealed. Continue Reading ›

In any medical malpractice matter, the plaintiff must show not only that the defendant failed to abide by the prevailing standard of care but also that the defendant’s deviation from the standard of care proximately caused the plaintiff to suffer harm. If the plaintiff does not meet this burden, their claims may be dismissed, as demonstrated in a recent New York ruling. If you were injured due to a doctor’s neglect, it is in your best interest to confer with a Syracuse medical malpractice attorney to discuss your options.

History of the Case

It is reported that the first defendants, a physician assistant, and a physician, respectively, attended to the plaintiff’s left leg pain during his emergency room visit at the defendant medical center. The plaintiff received subsequent treatment from the second defendants, vascular surgeons, and their medical practice, for the plaintiff’s lower left leg vascular disease at the hospital.

Allegedly, the plaintiff initiated a legal action seeking damages for medical malpractice from the defendants, alleging that they failed to timely diagnose and treat a thrombosed popliteal artery, ultimately resulting in an above-the-knee amputation. Both sets of defendants separately moved for summary judgment to dismiss the complaint. The trial court rejected the defendants’ arguments and denied the motions. The defendants appealed. Continue Reading ›