Syracuse Personal Injury Law Blog
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.
Evidence Sufficient to Support a Motion for Summary Judgment
Defendants seeking dismissal through summary judgment in medical malpractice cases must show that they either did not deviate from the accepted practice of medicine or that any deviation did not cause the plaintiff’s losses. Typically this is accomplished through expert reports. The appellate court explained, though, that expert reports that merely contain conclusory statements that do not address or refute the plaintiff’s specific allegations of negligence are not sufficient to make a prima facie showing that the defendant should be granted judgment as a matter of law.
The failure to make a prima facie showing necessitates the denial of the motion for summary judgment, regardless of whether or not the plaintiff’s brief in opposition is sufficient. In the subject case, the appellate court affirmed that the defendant hospital’s evidence was insufficient to support its motion. Thus, the appellate court affirmed the trial court ruling.
Talk to a Dedicated Syracuse Medical Malpractice Lawyer
People visiting the emergency room are often suffering from acute issues that need prompt attention, and if their symptoms are disregarded as common conditions, it can lead to grave harm. If you suffered losses due to emergency room malpractice, it is advisable to talk to an attorney about your possible claims. The dedicated Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are proficient at navigating the complexities of claims against health care providers, and if you hire us, we will work tirelessly on your behalf. We can be contacted via our online form or by calling us at 833-200-2000 to schedule a consultation.