In New York medical malpractice cases, it is not uncommon for a defendant to seek dismissal prior to trial. In most instances, they will do so by filing a motion asking the court to grant summary judgment in their favor. If they meet their evidentiary burden with regards to the claims asserted in the motion, the onus then shifts to the plaintiff, who must then produce evidence that shows factual disputes exist in order to defeat the motion. If the defendant fails to meet its burden, though, the motion will be denied regardless of the sufficiency of the plaintiff’s response, as illustrated recently in an opinion issued by a New York court in an emergency room malpractice case. If you suffered harm due to the recklessness of a health care provider, it is wise to talk to a Syracuse medical malpractice attorney about your rights.
Historical Background of the Case
It is alleged that the decedent visited the emergency department of the defendant medical center, where she was evaluated by the defendant doctor. She presented with complaints of a severe headache, which the defendant diagnosed as a migraine. He discharged the decedent, who followed up with her primary care physician. After a subsequent visit to the emergency department, she died of a subarachnoid hemorrhage.
Reportedly, the decedent’s estate then filed medical malpractice claims against the defendant doctor and alleged that the defendant hospital was liable for his negligence. The defendant hospital asked the court to dismiss the plaintiff’s claims through summary judgment. The court denied the motion, and the defendant appealed. Continue Reading ›