Syracuse Personal Injury Law Blog
In many medical malpractice cases, the plaintiff can pinpoint the precise acts that led to their harm. In some matters, though, the plaintiff will rely on the fact that the harm they suffered would not have occurred absent negligence, in support of their assertion that the defendant committed medical malpractice. This theory, known as res ipsa loquitor, is valid under New York law, as shown in a recent ruling issued in a surgery malpractice case. If you suffered harm at the hands of a surgeon, it is prudent to confer with a Syracuse medical malpractice lawyer regarding what evidence you must produce to establish liability.
The History of the Case
It is reported that the plaintiff was admitted to the defendant hospital for a surgical procedure on his spine. After the surgery, the plaintiff felt pain in his left knee. A subsequent examination revealed that he tore a tendon in his quadricep. He then brought medical malpractice claims against the defendant hospital and the doctors who treated him during his admission, alleging that they negligently dropped him during the surgery, causing his knee injury. The defendants moved for summary judgment, but the court denied their motion. They then appealed.
Res Ipsa Loquitor in Medical Malpractice Cases
The appellate court ultimately affirmed the trial court’s ruling. The appellate court explained that while the defendants established they were entitled to judgment as a matter of law by producing an expert affidavit stating they did not depart from the applicable standards of care, the plaintiff adequately rebutted their assertions.
Specifically, the plaintiff relied on the theory of res ipsa loquitor, or the thing speaks for itself, in support of the argument that a triable issue of fact existed. Under that doctrine, the plaintiff must show that the event is one that ordinarily does not happen absent negligence, the instrumentality that caused the plaintiff’s harm was exclusively within the defendant’s control, and the damages were not brought about by any voluntary acts of the plaintiff.
A plaintiff does not have to definitively eliminate all other possible causes of an injury in order for the doctrine of res ipsa loquitor to apply. Rather, they must only show that the probability that another cause brought about their harm is so low that it was most likely the defendant’s actions that caused their harm. In the subject case, the appellate court found that the plaintiff adequately met his burden of proof. Thus, it affirmed the trial court ruling.
Contact a Knowledgeable Syracuse Medical Malpractice Lawyer
While a plaintiff has to establish a defendant’s liability in a medical malpractice action, they do not have to demonstrate the specific mechanism of harm to do so. If you were hurt by negligent medical care, you might be owed damages, and you should contact a medical malpractice lawyer to determine your rights. The knowledgeable attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are well-versed in what it takes to achieve favorable outcomes in medical malpractice cases, and if you hire us, we will work tirelessly on your behalf. You can reach us via our online form or by calling us at 833-200-2000 to set up a conference.