Syracuse Personal Injury Law Blog

New York Court Looks at What Constitutes a Deviation from the Standard of Care in a Medical Malpractice Case

Published on: July 16, 2022 | By Jeff DeFrancisco

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 ›

Court Examines Proof Needed to Show a Doctor Departed from the Standard of Care

Published on: July 11, 2022 | By Jeff DeFrancisco

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 ›

Court Explains Respondeat Superior Liability in New York Car Accident Cases

Published on: July 5, 2022 | By Jeff DeFrancisco

It is not uncommon for driving to be part of a person’s job description. People operating vehicles for their employers must abide by the same rules as all other motorists, which, among other things, means they must drive in a safe manner. If they drive recklessly and cause a collision while on the job, both they and their employers may be held accountable. Recently, in an opinion issued in a New York car accident case, a court discussed when an employer could be held liable on a theory of respondeat superior following a collision involving their employee. If you were involved in a crash, it is important to talk to a Syracuse personal injury attorney regarding what you must prove to recover damages.

The Facts of the Case

It is alleged that the plaintiff suffered critical injuries after he was struck by a van operated by a driver on behalf of the defendant company. The plaintiff then filed a personal injury lawsuit seeking damages from the defendant. As to the defendant company, he alleged that they were liable under the theory of respondeat superior and for negligently hiring, training, and supervising the defendant driver.

Reportedly, the defendant filed a motion to dismiss, and the plaintiff filed a motion to join the defendant driver and remand the case to state court. The court denied the plaintiff’s motion and indicated it would grant the defendant’s motion unless the plaintiff filed an amended complaint addressing noted deficiencies. Continue Reading ›

New York Court Examines Establishing Fault in Multi-Vehicle Accidents

Published on: July 2, 2022 | By Jeff DeFrancisco

While negligent driving is the root cause of most car accidents, more than one driver may be held accountable. As such, a plaintiff seeking damages for the harm caused by a collision may name more than one person as a defendant. Additionally, as demonstrated in a recent New York case, a defendant can join other parties as defendants if they believe they contributed to the crash. If you were hurt in a collision, you might be able to recover damages from multiple sources, and you should consult a Syracuse personal injury attorney about your rights.

The Procedural and Factual Background

Allegedly, the plaintiff and three other drivers were involved in a collision. The facts of the accident are convoluted; in any event, the first vehicle, which was operated by the male defendant and owned by the defendant town, was traveling south on a highway behind the second car, which was owned by a female and driven by her husband. In front of that vehicle was the third vehicle, a truck owned by a delivery service and operated by one of its employees. The delivery vehicle pulled over, after which the second car struck it. The first vehicle then struck the second before veering into traffic and striking the plaintiff.

It is reported that the plaintiff filed a lawsuit against the defendants, after which the defendants joined the drivers and owners of the second and third vehicles as third-party defendants. The third-party defendants filed motions for summary judgment, which the court granted, and the defendants appealed. Continue Reading ›

Court Discusses Liability Under New York’s Scaffold Law

Published on: June 30, 2022 | By Jeff DeFrancisco

Generally, people who suffer harm in the workplace cannot pursue personal injury claims against their employers and instead are limited to recovering workers’ compensation benefits. They can seek damages from other parties that may be responsible for their harm, however. Further, in some instances, the law allows for the absolute imposition of liability for harm suffered while working. This was illustrated in a recent New York case in which the court granted summary judgment in favor of the plaintiff due to the defendant’s violation of New York’s scaffold law. If you were injured in an accident caused by another party’s negligence, you might be owed damages, and it is smart to meet with a Syracuse personal injury attorney to assess your rights.

The Facts of the Case

It is reported that the plaintiff, who worked for a plumbing company, suffered injuries when he fell while installing a shower curtain rod in a bathroom. He did not have adequate room to use an A-frame ladder and instead stood on the rim of the bathtub. The bathroom did not have artificial lighting and was dim. The plaintiff struck his head on the rod and fell to the floor.

Allegedly, the plaintiff filed a lawsuit against the general contractor and lessee, asserting, among other things, that there were liable under New york’s scaffold law. The court granted the motion with regard to the scaffold law claim, and the defendants appealed. Continue Reading ›

New York Court Discusses Causation in Car Accident Cases

Published on: June 28, 2022 | By Jeff DeFrancisco

In New York car accident cases, a plaintiff must do more than just show that the defendant’s negligence caused the collision in order to recover damages. Specifically, they must also show that they suffered actual losses due to the collision. Generally, the issue of causation is within the purview of the jury, though. This was demonstrated recently in a New York opinion issued in a car accident case, in which the court reversed a trial court ruling dismissing the plaintiff’s claims. If you were hurt in a collision, it is important to understand what evidence you must produce to recover compensation, and you should contact a Syracuse car accident attorney to discuss your potential claims.

The Facts of the Case

It is alleged that the defendant struck the plaintiff’s car from behind. The plaintiff filed a lawsuit against the defendant, setting forth a negligence claim. After the completion of discovery, the defendant moved for summary judgment on the grounds that the plaintiff failed to prove her alleged injuries were the result of the collision. The court agreed and granted the defendant’s motion. The plaintiff then appealed.

Establishing Damage and Causation in Car Accident Cases

On appeal, the court reversed the trial court ruling. In doing so, it explained the issue of causation is typically one that should be resolved by the fact-finder. Summary judgment may be appropriate, however, even if there is objective medical proof of serious harm, if there are additional factors that interrupt the chain of causation between the claimed injury and the accident. Such factors may include a gap in treatment, a preexisting condition, or an intervening medical issue. Continue Reading ›

New York Court Discusses Federal Jurisdiction over Medical Malpractice Claims

Published on: June 25, 2022 | By Jeff DeFrancisco

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 ›

New York Court Discusses Procedural Requirements in Medical Malpractice Cases

Published on: June 20, 2022 | By Jeff DeFrancisco

People who lose loved ones due to ineffectual medical care have the right to pursue medical malpractice and wrongful death claims against the providers responsible for their losses. In doing so, however, they must comply with any applicable procedural rules or laws; otherwise, their claims may be dismissed. This was illustrated in a recent opinion issued in a New York medical malpractice case in which the court dismissed the plaintiff’s case due to her failure to exhaust her administrative remedies. If you lost a loved one due to medical malpractice, it is smart to meet with a Syracuse medical malpractice attorney about your possible causes of action.

History of the Case

It is reported that the plaintiff filed a lawsuit against the defendants, a group of 29 medical professionals and entities, in a New York state court. She asserted that the defendants negligently caused her husband’s death and, therefore that they were liable for malpractice. The defendants subsequently filed a notice of removal, transferring the case to federal court. They then filed motions to substitute the United States as the defendant, as the named defendants were a federally funded facility and its employees, and to dismiss the plaintiff’s claims on the grounds that the plaintiff failed to exhaust her administrative remedies.

Allegedly, the plaintiff opposed the defendants’ motions and filed her own motion to remand the case back to state court. A federal magistrate judge issued a report and recommendation that the court grant the defendants’ motions be granted. Neither the plaintiff nor the defendants filed objections to the magistrate’s report. The court ultimately agreed with the magistrate and dismissed the plaintiff’s claims. Continue Reading ›

New York Court Discusses Expert Qualifications in Medical Malpractice Cases

Published on: June 15, 2022 | By Jeff DeFrancisco

Most doctors undergo training for their specialty and have little experience working in other areas. This does not mean that a doctor can only offer expert testimony in medical cases involving the precise area of their practice, however. Instead, as shown in a recent New York opinion, a doctor can offer expert testimony outside of their field if they are otherwise qualified. If you were hurt by a negligent doctor, it is in your best interest to speak to a Syracuse medical malpractice lawyer about what evidence you need to produce to demonstrate liability.

The Facts of the Case

It is alleged that the decedent, who was 61 years old, presented to the emergency department of the defendant hospital with complaints of shortness of breath. He underwent a chest x-ray and was diagnosed with pneumonia. The radiologist that interpreted his chest x-ray noted that he had a normal-sized heart, and his lungs showed mild bibasilar interstitial prominence. He was subsequently discharged with a prescription for antibiotics and a directive to follow up with his primary care doctor.

Reportedly, he underwent a second chest x-ray that showed his heart was at the upper limit of normal, and his lungs were clear. He continued to suffer from chest pain and shortness of breath. Approximately six months later, he died from systolic heart failure and dilated cardiomyopathy. His wife then filed a medical malpractice lawsuit against the hospital and the radiologists who interpreted his chest x-rays. The defendants moved for summary judgment on the grounds that the plaintiff’s experts were not qualified to offer opinions on the standard of care that applied to radiologists. The court granted the motion, and the plaintiff appealed. Continue Reading ›

Court Discusses Demonstrating Proximate Cause in New York Medical Malpractice Cases

Published on: June 11, 2022 | By Jeff DeFrancisco

Although doctors have an obligation to provide their patients with competent care, it is not uncommon for a doctor to make mistakes during the treatment of a patient. While medical negligence may provide grounds for pursuing a medical malpractice claim, a careless physician will only be held accountable if their negligence proximately caused a patient to suffer harm. In other words, negligence, in and of itself, does not constitute medical malpractice, as explained in a recent New York ruling. If you suffered harm because of the recklessness of your treatment provider, you have the right to seek compensation, and you should meet with a Syracuse medical malpractice lawyer.

Facts of the Case

It is reported that the plaintiff underwent a mastectomy of her right breast in 1998 due to breast cancer. She began to experience breast pain in 2010 and advised her physiatrist of her symptoms. The physiatrist prescribed her an ultrasound, which she underwent; the results were normal. She subsequently underwent an MRI, which revealed a mass in her right breast. The plaintiff intercepted the communication between the physiatrist and the radiologist describing the abnormality.

Allegedly, a second doctor that plaintiff saw referred her to a breast surgeon, who provided her with referrals for additional testing and stressed the urgency of her situation. The plaintiff did not feel comfortable with the surgeon, however, and delayed seeking any additional treatment for one year. When she sought care, she was diagnosed with Stage IV breast cancer. She filed a lawsuit against her treatment providers, alleging that their delayed diagnosis worsened her prognosis. The defendant’s moved for summary judgment, and the court ruled in their favor. The plaintiff appealed. Continue Reading ›