Syracuse Medical Malpractice and Personal Injury Lawyer Blog
People harmed by careless doctors and nurses will often seek damages via medical malpractice claims. In addition to claims against the provider that directly caused their losses, they may also be able to pursue claims, like negligent hiring and supervision, against the provider’s employer. In order to sustain such causes of action, however, they must show that the employer either knew or should have known that the healthcare provider they employed posed a risk of harm to patients, as explained in a recent New York case. If you were hurt by a doctor, it is in your best interest to speak to a Syracuse medical malpractice lawyer about your rights.
Factual and Procedural Background
It is alleged that the decedent passed away on November 14, 2024. The plaintiff, the decedent’s husband, subsequently initiated an action against the defendant, a medical center, in May 2017. The plaintiff, acting as the administrator of his late wife’s estate and the natural father and guardian of their minor child, brought claims for medical malpractice, wrongful death, negligent hiring, and retention and sought damages for loss of consortium on his own behalf and loss of parental guidance on behalf of his child.
It is reported that the defendant moved to dismiss the complaint under CPLR 3211(a)(5) and (7), arguing that the claims for medical malpractice and wrongful death were time-barred and the remaining claims failed to state a valid cause of action. The trial court granted the order and entered a judgment dismissing the plaintiff’s complaint. The plaintiff appealed the dismissal of the claims for negligent hiring and retention and loss of consortium.
Negligent Hiring Claims Against Healthcare Providers
On appeal, the court reviewed the case under CPLR 3211(a)(7), which requires the court to accept the facts alleged in the complaint as true and give the plaintiff the benefit of all favorable inferences. However, the court noted that mere legal conclusions without factual support are not sufficient.
To establish a cause of action for negligent hiring and retention, the plaintiff was required to demonstrate that the defendant knew or should have known about an employee’s propensity for the conduct that caused the injury. The court found that the plaintiff’s amended complaint did not sufficiently allege that the defendant had any knowledge of such propensity by its employees. As a result, the court concluded that the claim for negligent hiring and retention was properly dismissed by the lower court.
Furthermore, the court affirmed the dismissal of the loss of consortium claim, as it was derivative of the previously dismissed causes of action. Consequently, the court affirmed the judgment of the trial court in favor of the defendant.
Meet with an Experienced Syracuse Medical Malpractice Attorney
If you or someone you love suffered damages because of insufficient care in a treatment setting, you may be able to pursue medical malpractice claims against the providers responsible for your harm, and it would benefit you to speak to an attorney. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers have the knowledge and skills needed to help you seek the best legal outcome available under the facts of your case, and if you hire us, we will fight tirelessly on your behalf. You can reach us at 833-200-2000 or through the online form to set up a conference.
