Articles Posted in Medical Malpractice

In New York medical malpractice cases, defendants will often not only deny liability but will ask the courts to dismiss the plaintiffs’ claims against them on the grounds that they cannot be deemed liable as a matter of law. If a court finds that there are factual disputes that need to be resolved by a jury, however, it will deny a defendant’s request for judgment in their favor, as shown in a recent New York ruling issued in a medical malpractice case. If you were hurt because a doctor rendered your care in a negligent manner, you should speak to a Syracuse medical malpractice attorney to determine what evidence you must offer to recover damages.

The Facts of the Case

Allegedly, the decedent underwent a routine cholecystectomy at the defendant’s medical center. She was discharged the same day as the procedure. The next day, she was taken by ambulance to the emergency department of the medical center with complaints of abdominal and chest pain that worsened with breathing. She was examined and underwent tests, after which it was determined that she did not have a pulmonary embolism.

It is reported that the decedent was diagnosed with pleuritic chest pain and discharged. Tragically, one week later, she passed away due to a pulmonary embolism. Her estate subsequently filed a wrongful death and medical malpractice lawsuit against the defendant. Following discovery, the defendant moved for summary judgment in its favor. The trial court denied the motion, and the defendant appealed. Continue Reading ›

An inaccurate diagnosis can lead to improper treatment, the progression of illnesses, and other losses. While, in most instances, harm is caused by a missed diagnosis, patients can also suffer injuries if they are incorrectly diagnosed with an illness that they do not have. Recently, a New York court examined whether the administration of hospice care following an erroneous cancer diagnosis constitutes medical malpractice, ultimately determining that it did not. If you suffered harm because of a missed or wrong diagnosis, you might be owed damages, and you should speak to a Syracuse medical malpractice attorney about your possible causes of action.

The Plaintiff’s Allegations

It is alleged that the plaintiff presented to the defendant cancer center to determine whether he had pancreatic cancer. Six months later, he presented to the defendant hospice center with complaints of weakness and abdominal pain and, per the hospice center, a diagnosis of Stage IV pancreatic cancer. The plaintiff underwent an evaluation and was admitted to the hospice floor for ninety days. After forty days, he was transferred to the defendant palliative care center, where he was monitored by the defendant doctor.

Reportedly, the defendant did not have pancreatic cancer. As such, he subsequently filed a lawsuit against the defendants asserting several causes of action, including medical malpractice. The defendant doctor center moved for summary judgment. Continue Reading ›

People expect that the care they receive from their doctors will help them maintain or improve their health. Sadly, however, some physicians fail to provide their patients with competent care, ultimately causing them harm instead of helping them. People hurt by negligent medical care have the right to pursue claims against their health care providers, but merely because injuries arise in the context of medical care does not mean that they are the result of medical malpractice. Thus, if a plaintiff cannot prove the elements of their medical malpractice claims, they may be denied damages, as discussed in a recent New York ruling. If you sustained losses because of the negligence of a doctor, you have the right to seek compensation, and you should confer with a Syracuse medical malpractice lawyer as soon as possible.

The Facts of the Case

It is alleged that the plaintiff presented to the defendants with complaints of stomach pain and gastrointestinal distress. She was eventually diagnosed with colitis and an intestinal infection. She subsequently filed a medical malpractice lawsuit against the defendants, alleging they committed negligence by failing to provide her with a prompt and accurate diagnosis. After the parties completed discovery, the defendants moved for summary judgment dismissal of the plaintiff’s claims. The court granted the defendants’ motion, and the plaintiff appealed.

Elements of a New York Medical Malpractice Claim

On appeal, the court affirmed the trial court ruling. The court explained that pursuant to New York law, a plaintiff seeking to establish a doctor is liable for medical malpractice must establish that the doctor deviated or departed from the accepted standard of practice in the community and that the departure proximately caused the plaintiff to suffer injuries. Continue Reading ›

Medical malpractice often occurs simultaneously with other wrongs. Thus, a person harmed by incompetent medical care may not only assert medical malpractice claims against their provider but may set forth other claims as well. In many instances, claims accompanying medical malpractice claims arise under federal law and are pursued in federal courts. Federal courts have the right to exercise supplemental jurisdiction over medical malpractice claims and other matters arising under state law. They may opt not to exercise that right in cases in which they dismiss the federal causes of action, though, as shown in a recent New York ruling issued in a medical malpractice case filed in federal court. If you were harmed by incompetent medical care, it is smart to talk to a Syracuse medical malpractice lawyer about your rights.

History of the Case

It is reported that when the plaintiff was confined to a federal facility, he demonstrated and complained of symptoms of obstruction of the bladder and urethra. The medical providers working at the facility failed to heed his complaints, however, disregarding them as drug-seeking efforts. He underwent examination and testing but did not receive any diagnosis or treatment for his symptoms.

Allegedly, following his release, a doctor diagnosed the plaintiff with bladder cancer. As the cancer had metastasized throughout his body, his prognosis was poor. He subsequently filed a lawsuit in the federal district naming the facility and the doctors that provided his care during his confinement as defendants and asserting federal and state law claims. The defendants moved for summary judgment on the federal claims, which the court granted. The court then addressed the issue of the plaintiff’s medical malpractice claims. Continue Reading ›

The COVID-19 pandemic wreaked havoc on most aspects of life, but the healthcare industry probably felt the effects the most. In recognition of the difficulties in diagnosing and treating COVID-19 early in the pandemic, the New York legislature enacted EDTPA (the Emergency or Disaster Treatment Protection Act), which rendered healthcare providers largely immune from liability for harm sustained as a result of medical services in support of the response to the COVID-19 outbreak. Later amendments to EDTPA narrowed the immunity, allowing parties to pursue claims related to COVID-19 care in some circumstances. The amendments do not apply retroactively, though, as explained in a recent New York medical malpractice case. If you suffered harm due to the negligence of a doctor, you should meet with a Syracuse medical malpractice lawyer about your potential claims.

History of the Case

It is reported that the decedent, who was a nursing home resident in March and April 2020, died from COVID-19. She received treatment for her illness from the defendants prior to her death. The plaintiff, the representative of the decedent’s estate, subsequently filed a lawsuit against the defendant asserting numerous causes of action, including medical malpractice claims. The defendant moved to dismiss the plaintiff’s complaint, arguing that EDTPA rendered them immune from liability for the plaintiff’s claims. The court granted the defendant’s motion to dismiss. The plaintiff then appealed.

Liability for COVID-19 Related Care

On appeal, the court affirmed the trial court ruling. The court explained that, with the exception of cases involving gross negligence, EDTPA granted health care workers immunity from civil liability for any death or injury that is the direct result of medical services rendered in support of New York’s response to the COVID-19 pandemic. Continue Reading ›

The federal government and its employees have sovereign immunity against tort claims, but the Federal Tort Claims Act (FTCA) waives such immunity in certain cases. Among other things, the FTCA allows people harmed by negligent care in a federally funded medical facility to seek damages through medical malpractice claims. The FTCA imposes certain requirements that must be met prior to pursuing such claims, however, and if they are not upheld, the injured party may be prohibited from recovering compensation. For example, in a recent opinion issued by a New York court, the plaintiff’s medical malpractice claims were deemed time-barred due to her failure to comply with the notice requirements under the FTCA. If you suffered harm due to the incompetence of a doctor, it is in your best interest to contact a Syracuse medical malpractice lawyer to discuss your rights.

The Facts of the Case

Reportedly, a doctor treated the plaintiff at two different federally funded New York facilities in August 2017. The plaintiff’s care included a surgical procedure that she asserted the defendant performed negligently, causing her to develop an infection, wound disruption, scarring, infertility, and other personal injuries. Thus, the plaintiff proceeded to file a medical malpractice lawsuit against the federal government pursuant to the FTCA, in which she asserted that the treating doctor was its employee and that her negligence caused the plaintiff harm. The defendant moved to dismiss the plaintiff’s claims arguing, among other things, that they were time-barred.

Notice Requirements in Medical Malpractice Cases Arising Under the FTCA

The court agreed with the defendant and granted its motion to dismiss. In doing so, it explained that the FTCA prohibits tort claims against the federal government unless they are presented, in writing, to the appropriate federal agency within two years of when the claim accrues or unless a lawsuit is begun within six months of when such agency mails a notice of final denial of the claim. Continue Reading ›

While there are risks associated with most surgical procedures, patients are usually aware of the potential complications that can arise and choose to proceed regardless. In some instances, though, mistakes made during surgery can cause a patient to suffer unanticipated injuries that not only cause physical pain but also lead to anxiety and depression. Recently, a New York court discussed a doctor’s assertion that physical harm caused by medical negligence could not impact a patient’s mental health status, in an opinion in which it ultimately rejected the doctor’s argument. If you were injured during a carelessly performed procedure, you have the right to seek compensation for your harm, and you should speak to a Syracuse medical malpractice lawyer to determine what evidence you must offer to establish liability.

The Plaintiff’s Allegations

It is reported that the defendant performed a hysterectomy on the plaintiff in September 2014. During the procedure, the defendant mistakenly cut the plaintiff’s right ureter. As a result, the plaintiff subsequently suffered from depression, difficult and painful urination, kidney and bladder dysfunction, and other issues. Accordingly, the plaintiff filed a medical malpractice lawsuit against the defendant, alleging his negligence caused her harm. The defendant moved for dismissal via summary judgment, but the court denied his motion. He then appealed.

A Doctor’s Liability for Mental Harm Caused by Medical Malpractice

On appeal, the court held that the trial court properly denied the defendant’s motion for summary judgment but clarified that it should have done so on different grounds. Specifically, the court noted that the medical expert affidavit submitted by the defendant neglected to address the plaintiff’s alleged psychological harm. Continue Reading ›

Emergency medical service (EMS) providers offer critical care to people suffering from acute health concerns. As with any medical care, however, people have the option of declining the treatment EMS providers offer. As discussed in a recent opinion issued in a New York medical malpractice case, if a person rejects an offer for such care, they are most likely precluded from pursuing medical malpractice claims against the providers on the grounds that they failed to provide them with adequate medical treatment. If you sustained harm because of the negligence of a medical professional, you have the right to seek compensation, and it is in your best interest to meet with a Syracuse medical malpractice lawyer to discuss what damages you may be owed.

Facts of the Case

It is reported that the plaintiff and his brother became involved in a physical altercation with a third party. Police responded to the scene of the altercation and, at some point, took the plaintiff down to the ground. EMS providers responded to the scene as well. The EMS providers cleared the plaintiff for transport, and he was taken to a police facility.

It is alleged that while he was there, he suffered a seizure. It was later determined that he had sustained a subdural hematoma, and he underwent an emergency craniotomy. The plaintiff filed a lawsuit against the city that employed the EMS providers setting forth claims that the providers committed medical malpractice and negligently treated the plaintiff. The EMS providers moved for summary judgment, but the court denied their motion. They then appealed. Continue Reading ›