Syracuse Personal Injury Law Blog
Some health conditions, like hernias, require surgical repair. While such procedures provide many benefits, there are often dangers associated with them as well. As such, it is incumbent that doctors advise patients of both the pros and cons of a procedure so that the patients can knowingly decide whether to proceed. If a physician fails to do so, and the patient suffers harm, the physician may be liable for lack of informed consent, as explained in a recent New York case. If you suffered harm due to a doctor’s failure to adequately inform you of the risks of surgery, it is wise to talk to a Syracuse medical malpractice lawyer at your earliest convenience.
History of the Case
It is reported that the plaintiff brought a lawsuit seeking damages for injuries allegedly sustained due to a laparoscopic ventral hernia repair performed by the defendant, a surgeon. During the procedure, the plaintiff’s bowel was reportedly perforated, requiring corrective surgery. The plaintiff claimed medical malpractice and lack of informed consent. The defendant moved for summary judgment to dismiss the complaint, arguing that they adhered to medical standards and provided adequate informed consent. The trial court denied the motion, prompting the defendant to appeal the decision.
Evidence Needed to Establish a Lack of Informed Consent Claim
On appeal, the court affirmed the trial court’s decision to deny the defendant’s motion for summary judgment. Regarding the lack of informed consent claim, the court explained that for such a claim to succeed, the plaintiff must demonstrate that the practitioner failed to disclose the risks, benefits, and alternatives that a reasonable practitioner would have disclosed and that a fully informed person in the plaintiff’s position would have declined the procedure.
The plaintiff provided expert testimony suggesting that an open procedure, rather than a laparoscopic one, should have been chosen due to the plaintiff’s surgical history and potential for abdominal adhesions. The plaintiff also testified that the defendant had not informed him of alternatives to the laparoscopic procedure. This raised factual issues about whether the plaintiff was fully informed, thus precluding summary judgment.
For the medical malpractice claim, the court held that the defendants, as movants, had the burden of proving no deviation from accepted medical practices or that any such deviation did not cause harm. The defendant’s expert affidavit addressed each claim, shifting the burden to the plaintiff to present evidence of a triable issue of fact. The plaintiff countered with expert affidavits from a surgeon and a pathologist, which directly contradicted the defendant’s expert’s opinion, creating a “battle of the experts” that should be resolved by a jury.
Consequently, the court affirmed the lower court’s decision, ruling that the case presented factual disputes unsuitable for summary judgment. The court also dismissed the defendant’s remaining arguments as insufficient to warrant reversal.
Meet with a Seasoned Syracuse Medical Malpractice Attorney
While there are risks associated with many procedures, if a doctor fails to adequately advise a patient of the potential harm a treatment may cause, it may constitute a lack of informed consent, which is a form of medical malpractice. If you were harmed by your doctor’s oversights, it is important to understand your options, and you should meet with an attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys can inform you of your rights and aid you in seeking the best result possible. You can reach us through our form online or by calling us at 833-247-8427 to arrange a meeting.