Articles Posted in Medical Malpractice

Expert testimony is a key element of New York medical malpractice cases. In other words, in most instances, it is necessary to establish the standard of care and to demonstrate that the defendant failed to comply with the standard. A plaintiff cannot avoid the obligation to offer expert testimony by attempting to couch medical malpractice claims as negligence, either, as demonstrated in a recent opinion issued by a New York court. If you were hurt by the negligence of a doctor, it is wise to meet with a Syracuse medical malpractice lawyer to determine what evidence you must produce to demonstrate liability.

The Facts of the Case

It is reported that the plaintiff suffered two gunshot wounds to his right arm in 2016 that caused the loss of sensation in his ring and pinky fingers of the right hand. He underwent treatment for his injuries at the defendant’s hospital; his care included occupational therapy and the use of hot and cold packs. During one appointment, the therapist left a hot pack on his hand for an extended period of time. When she removed it, the plaintiff noticed a blister.

Allegedly, the plaintiff visited the defendant’s emergency room on two different occasions but did not receive any treatment for his finger. He was later diagnosed with necrosis of the finger by another physician. He filed a medical malpractice lawsuit against the defendant seeking damages for his losses. The defendant moved for summary judgment, and the court granted the motion. The plaintiff appealed. Continue Reading ›

Many chronic and acute conditions require surgical procedures. While surgery offers typically offers numerous benefits, people usually experience significant pain after their procedures are complete. Fortunately, such discomfort is readily managed with medication. If a doctor fails to prescribe or administer an appropriate drug, it can lead to endue suffering and emotional trauma and may be grounds for pursuing a medical malpractice claim. A party pursuing such claims bears the burden of proving the care offered by their doctor deviated from the accepted practice of medicine, and if they cannot meet their burden, their claims may be dismissed, as demonstrated in a recent New York ruling. If you were injured due to an incompetent doctor, it is smart to confer with a Syracuse medical malpractice lawyer to discuss your right to pursue compensation.

Facts of the Case

It is alleged that the plaintiff underwent an anterior and posterior lumbar spinal decompression and fusion surgery which was performed at the defendant’s hospital. After the surgery was complete, the plaintiff experienced extreme pain, and she later developed post-traumatic stress disorder due to the trauma. She then filed a medical malpractice lawsuit against the defendant, arguing that its staff failed to provide her with an adequate amount of pain medication after surgery. The defendant filed a motion for summary judgment which the court granted. The plaintiff appealed.

Establishing Liability in a Medical Malpractice Case

On appeal, the court upheld the trial court ruling. The court explained that under New York law,  a defendant moving for summary judgment in their favor in a medical malpractice case must prove that there are no material issues of fact with regard to at least one of the elements of a medical malpractice case. Continue Reading ›

Adverse outcomes following medical procedures are often the direct result of malpractice. In some cases, though, a procedure will fail, or a plaintiff will suffer complications despite the fact that the defendant rendered competent care. In such instances, it is unlikely that the defendant will be deemed liable for medical malpractice. This was demonstrated recently in an opinion dismissing a plaintiff’s medical malpractice case via summary judgment. If you were injured by a carelessly performed procedure, it is wise to talk to a Syracuse medical malpractice lawyer about your options for seeking damages.

The Plaintiff’s Care

It is reported that the plaintiff presented to the defendant for a hand surgery consultation after he injured his left pinky finger in a fall from his bicycle. The defendant examined the finger and noted that the joint was deformed. The plaintiff’s record indicated that he had injured the same finger eight months earlier but had tried to pull the finger into place himself rather than seeking treatment. The defendant advised the plaintiff that the best treatment option was a closed reduction. The plaintiff consented to the procedure.

It is alleged that the defendant attempted to manipulate the joint into place on two different occasions without success. He then attempted to perform an open reduction and internal fixation, which also failed. The plaintiff then underwent another reduction which was performed by a different doctor, which was unsuccessful as well. The second doctor then fused the joint. The plaintiff subsequently filed a medical malpractice lawsuit against the defendant. The defendant moved for summary judgment, and the court granted the motion, after which the plaintiff appealed. Continue Reading ›

When administering tests or treatment, doctors must take care not only not to injure their patients but also not to worsen any existing injury. Doctors that fail to uphold this duty may be liable for medical malpractice. Proving a doctor exacerbated an existing injury may be difficult, as demonstrated in a recent New York medical malpractice case. If you suffered losses due to the negligent acts of your doctor, you have the right to pursue damages, and you should meet with a Syracuse medical malpractice lawyer as soon as possible.

History of the Case

It is reported that the plaintiff instituted a medical malpractice lawsuit against his general practitioner, a radiologist, an MRI provider, and a hospital based on the assertion that they were collectively responsible for the delayed diagnosis of tumors on his spine that ultimately caused his paraplegia. The defendants moved for summary judgment while the plaintiff moved to amend his bill of particulars. The court denied the defendants’ motion and granted the plaintiff’s motion. The defendants then appealed.

Proving Liability for Worsening an Existing Injury

On appeal, the court reversed the trial court’s ruling as to the general practitioner but otherwise affirmed. The court found that the general practitioner showed, prima facie, that he did not deviate from the good and accepted practice of medicine via an expert affidavit. The expert also noted that as soon as the general practitioner noted abnormalities on the plaintiff’s CT scan, he referred him to a specialist. Continue Reading ›

Generally, parties in medical malpractice cases will ask a jury, rather than a judge, to determine issues like liability and damages. Even if a jury is tasked with resolving factual disputes, a judge will preside over the case and determine what evidence and questions are permitted. If a judge rules incorrectly, it may adversely impact the case and may be grounds for overturning the jury’s verdict. This was demonstrated recently in a New York medical malpractice case in which the verdict against the defendant was vacated. If you sustained injuries because of negligent medical care, it is advisable to speak to a Syracuse medical malpractice lawyer about your options for seeking justice.

Procedural Background of the Case

Reportedly, the decedent underwent surgery in 2009, during which her lung was removed. She was diagnosed with lymphoma after the surgery and died approximately a year later from the illness. The plaintiff, the administrator of the decedent’s estate, filed a wrongful death and medical malpractice lawsuit against the defendant, who was the decedent’s doctor, due to his delay in diagnosing the decedent with lymphoma.

It is alleged that the case proceeded to trial, and the jury found in favor of the plaintiff, awarding her over $2.7 million in damages. The defendant filed multiple post-trial motions, including a motion to set aside the jury verdict and for a new trial in the interest of justice. The trial court denied his motions, and he appealed. Continue Reading ›

Patients typically rely on doctors to not only manage and treat existing medical conditions but also to prevent new conditions from arising. Unfortunately, doctors do not always take the measures necessary to prevent their patients from developing critical illnesses, which can lead to irreparable harm. It may also constitute grounds for pursuing a medical malpractice claim. Recently, a New York court discussed whether a doctor’s failure to notice a patient was at risk of suffering a stroke was grounds for imposing liability in a case in which the defendant sought dismissal of the claims against him. If you suffered preventable harm due to your doctor’s negligence, you should speak to a Syracuse medical malpractice lawyer about your right to seek compensation.

The Facts of the Case

It is reported that the plaintiff was brought to the defendant hospital’s emergency department due to symptoms that indicated she could be suffering a stroke, such as weakness, a headache, and dizziness. The defendant doctor ordered a CT scan of the brain, which a second doctor interpreted as normal. The defendant doctor examined the plaintiff and did not observe any signs that she was suffering from a stroke.

Allegedly, the defendant doctor ultimately diagnosed the plaintiff with a urinary tract infection and discharged her. The following day, the plaintiff was unable to move and was taken to a different hospital, where she was diagnosed as having suffered a stroke. She filed a medical malpractice lawsuit against the defendants, who in turn moved for summary judgment. The court denied their motion, and they appealed. Continue Reading ›

Many people suffer from chronic conditions that they manage through medication. While many drugs have side effects, they are often outweighed by their benefits. If a patient cannot withstand the side effects of a medication, though, their physician may choose another course of care. There are risks associated with stopping a drug as well, and if a doctor does not follow the proper procedure, it can lead to irreparable harm. This was illustrated recently in a New York case in which the court discussed whether the discontinuance of a drug could constitute medical malpractice. If you were harmed by the negligence of a physician, it is prudent to meet with a Syracuse medical malpractice attorney to discuss your possible causes of action.

The Decedent’s Harm

It is reported that the decedent suffered from high cholesterol. As such, he was prescribed a statin medication that helps prevent the risk of myocardial infarctions. One year later, a doctor employed by the defendant discontinued the prescription due to negative side effects. A year after that, the defendant died. The cause of his death was a myocardial infarction. The plaintiff instituted a wrongful death and medical malpractice lawsuit against the defendant, alleging that the doctor’s discontinuance of the statin departed from the accepted practice of medicine and caused the decedent’s death. The plaintiff then moved for summary judgment.

Proving a Doctor Departed from the Standard of Care

Under federal law, a court may only grant a motion for summary judgment if there are no genuine issues of material fact that require a trial, and judgment is warranted as a matter of law on the facts as to which there is no dispute. In assessing a motion for summary judgment, the court cannot try factual issues; instead, it can only evaluate whether there are issues that need to be tried. Continue Reading ›

People aggrieved by medical malpractice generally have the right to pursue claims in the forum of their choosing. There are limits to that right, though. Among other things, they can only present their claims to a court if they are within the court’s jurisdiction. If the court finds that a plaintiff’s case is not properly before them, it may dismiss it, as demonstrated in a recent ruling issued by a New York court in a medical malpractice case. If you or a loved one suffered harm due to the negligence of a medical professional, it is wise to confer with a Syracuse medical malpractice attorney to determine your rights.

The Plaintiff’s Allegations

It is alleged that the plaintiff, as the administrator of the decedent’s estate, filed a pro se medical malpractice claim against the defendant, a county medical examiner. The impetus of the plaintiff’s claim was not provided, and she did not provide any facts regarding the defendant’s alleged medical negligence. She filed an application to proceed in forma pauperis as well. The magistrate judge assigned to the case denied the plaintiff’s application and recommended that her complaint be dismissed without prejudice due to lack of jurisdiction.

Federal Jurisdiction over Medical Malpractice Claims

The court explained that when a plaintiff requests to proceed in forma pauperis, the court must dismiss their case if at any time they assess that the action is malicious or frivolous, neglects to state a claim on which relief may be granted, or pursues monetary damages from a party that is immune from such relief. Continue Reading ›