Syracuse Personal Injury Law Blog
Many people who seek medical care in New York speak Spanish as their primary language. Thus, if they suffer injuries due to incompetent medical care and pursue claims against their providers, they may need to hire an interpreter to translate their testimony during discovery and trial. If the case results in a defense verdict, the unfavorable outcome does not necessarily mean that the interpreter did not perform their duties correctly, however. This was illustrated in a recent medical malpractice ruling in which the court affirmed judgment in favor of the defendant despite the plaintiff’s protestations that the translator negatively impacted their case. If you were harmed by a careless doctor, it is advisable to consult a Syracuse medical malpractice attorney to discuss your rights.
The History of the Case
It is reported that the plaintiff suffered from uterine fibroids, for which she treated with the defendant. The defendant performed surgery on the plaintiff to remove the fibroid. The plaintiff experienced complications following the surgery, which prompted her to file a medical malpractice lawsuit against the defendant. The case proceeded to trial, during which a Spanish interpreter translated for the plaintiff. The jury ultimately ruled in favor of the defendant, and the plaintiff appealed.
Proving a Doctor Committed Medical Malpractice
On appeal, the plaintiff argued that she was deprived of a fair trial because one of the interpreters provided by the court incorrectly translated the questions she was asked as well as her testimony. The appellate court noted, however, that the plaintiff failed to ask for a different interpreter, move for a mistrial, or otherwise preserve the issue at trial.
Additionally, the appellate court stated that regardless of whether the plaintiff preserved the issue for appeal, the record was devoid of evidence that any translation errors occurred or that she was deprived of a fair trial due to any mistakes. Moreover, the appellate court found that any error that may have occurred was harmless, as the plaintiff failed to establish her prima facie case.
In other words, she neglected to prove the standard of care where the harm occurred, and show that the defendant breached the standard, proximately causing her harm. Specifically, her expert did not offer any testimony suggesting that the defendant deviated from the standard of care in performing the surgery or that any alleged deviation caused the plaintiff to suffer damages. Based on the foregoing, the appellate court affirmed the trial court ruling.
Speak to a Skillful Syracuse Medical Malpractice Lawyer
While language barriers may make pursuing medical malpractice claims challenging, they should not bar a plaintiff from recovering damages. If you sustained losses due to the negligence of a doctor, you may be owed compensation and should speak to an attorney. The skillful Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are adept at helping parties injured by reckless physicians in the pursuit of damages, and if we represent you, we will zealously advocate on your behalf. You can contact us via our online form or by calling us at 833-200-2000 to set up a meeting.