Syracuse Personal Injury Law Blog

People expect that the care they receive from their doctors will help them maintain or improve their health. Sadly, however, some physicians fail to provide their patients with competent care, ultimately causing them harm instead of helping them. People hurt by negligent medical care have the right to pursue claims against their health care providers, but merely because injuries arise in the context of medical care does not mean that they are the result of medical malpractice. Thus, if a plaintiff cannot prove the elements of their medical malpractice claims, they may be denied damages, as discussed in a recent New York ruling. If you sustained losses because of the negligence of a doctor, you have the right to seek compensation, and you should confer with a Syracuse medical malpractice lawyer as soon as possible.

The Facts of the Case

It is alleged that the plaintiff presented to the defendants with complaints of stomach pain and gastrointestinal distress. She was eventually diagnosed with colitis and an intestinal infection. She subsequently filed a medical malpractice lawsuit against the defendants, alleging they committed negligence by failing to provide her with a prompt and accurate diagnosis. After the parties completed discovery, the defendants moved for summary judgment dismissal of the plaintiff’s claims. The court granted the defendants’ motion, and the plaintiff appealed.

Elements of a New York Medical Malpractice Claim

On appeal, the court affirmed the trial court ruling. The court explained that pursuant to New York law, a plaintiff seeking to establish a doctor is liable for medical malpractice must establish that the doctor deviated or departed from the accepted standard of practice in the community and that the departure proximately caused the plaintiff to suffer injuries. Continue Reading ›

Medical malpractice often occurs simultaneously with other wrongs. Thus, a person harmed by incompetent medical care may not only assert medical malpractice claims against their provider but may set forth other claims as well. In many instances, claims accompanying medical malpractice claims arise under federal law and are pursued in federal courts. Federal courts have the right to exercise supplemental jurisdiction over medical malpractice claims and other matters arising under state law. They may opt not to exercise that right in cases in which they dismiss the federal causes of action, though, as shown in a recent New York ruling issued in a medical malpractice case filed in federal court. If you were harmed by incompetent medical care, it is smart to talk to a Syracuse medical malpractice lawyer about your rights.

History of the Case

It is reported that when the plaintiff was confined to a federal facility, he demonstrated and complained of symptoms of obstruction of the bladder and urethra. The medical providers working at the facility failed to heed his complaints, however, disregarding them as drug-seeking efforts. He underwent examination and testing but did not receive any diagnosis or treatment for his symptoms.

Allegedly, following his release, a doctor diagnosed the plaintiff with bladder cancer. As the cancer had metastasized throughout his body, his prognosis was poor. He subsequently filed a lawsuit in the federal district naming the facility and the doctors that provided his care during his confinement as defendants and asserting federal and state law claims. The defendants moved for summary judgment on the federal claims, which the court granted. The court then addressed the issue of the plaintiff’s medical malpractice claims. Continue Reading ›

The COVID-19 pandemic wreaked havoc on most aspects of life, but the healthcare industry probably felt the effects the most. In recognition of the difficulties in diagnosing and treating COVID-19 early in the pandemic, the New York legislature enacted EDTPA (the Emergency or Disaster Treatment Protection Act), which rendered healthcare providers largely immune from liability for harm sustained as a result of medical services in support of the response to the COVID-19 outbreak. Later amendments to EDTPA narrowed the immunity, allowing parties to pursue claims related to COVID-19 care in some circumstances. The amendments do not apply retroactively, though, as explained in a recent New York medical malpractice case. If you suffered harm due to the negligence of a doctor, you should meet with a Syracuse medical malpractice lawyer about your potential claims.

History of the Case

It is reported that the decedent, who was a nursing home resident in March and April 2020, died from COVID-19. She received treatment for her illness from the defendants prior to her death. The plaintiff, the representative of the decedent’s estate, subsequently filed a lawsuit against the defendant asserting numerous causes of action, including medical malpractice claims. The defendant moved to dismiss the plaintiff’s complaint, arguing that EDTPA rendered them immune from liability for the plaintiff’s claims. The court granted the defendant’s motion to dismiss. The plaintiff then appealed.

Liability for COVID-19 Related Care

On appeal, the court affirmed the trial court ruling. The court explained that, with the exception of cases involving gross negligence, EDTPA granted health care workers immunity from civil liability for any death or injury that is the direct result of medical services rendered in support of New York’s response to the COVID-19 pandemic. Continue Reading ›

The federal government and its employees have sovereign immunity against tort claims, but the Federal Tort Claims Act (FTCA) waives such immunity in certain cases. Among other things, the FTCA allows people harmed by negligent care in a federally funded medical facility to seek damages through medical malpractice claims. The FTCA imposes certain requirements that must be met prior to pursuing such claims, however, and if they are not upheld, the injured party may be prohibited from recovering compensation. For example, in a recent opinion issued by a New York court, the plaintiff’s medical malpractice claims were deemed time-barred due to her failure to comply with the notice requirements under the FTCA. If you suffered harm due to the incompetence of a doctor, it is in your best interest to contact a Syracuse medical malpractice lawyer to discuss your rights.

The Facts of the Case

Reportedly, a doctor treated the plaintiff at two different federally funded New York facilities in August 2017. The plaintiff’s care included a surgical procedure that she asserted the defendant performed negligently, causing her to develop an infection, wound disruption, scarring, infertility, and other personal injuries. Thus, the plaintiff proceeded to file a medical malpractice lawsuit against the federal government pursuant to the FTCA, in which she asserted that the treating doctor was its employee and that her negligence caused the plaintiff harm. The defendant moved to dismiss the plaintiff’s claims arguing, among other things, that they were time-barred.

Notice Requirements in Medical Malpractice Cases Arising Under the FTCA

The court agreed with the defendant and granted its motion to dismiss. In doing so, it explained that the FTCA prohibits tort claims against the federal government unless they are presented, in writing, to the appropriate federal agency within two years of when the claim accrues or unless a lawsuit is begun within six months of when such agency mails a notice of final denial of the claim. Continue Reading ›