Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Generally, people pursuing medical malpractice claims will present evidence to a jury to prove that a deviation occurred and caused harm. Juries do not always make rules in accordance with the evidence, though, and if they do not, their verdict may be subject to challenge, as demonstrated in a recent New York ruling. If you were harmed by inadequate medical care, you may be owed damages, and it is smart to speak with a Syracuse medical malpractice attorney.
Factual and Procedural Background
It is alleged that the plaintiffs, on behalf of their child, commenced a medical malpractice action against multiple defendants, including a medical practice and a pediatric gastroenterologist. The plaintiffs claimed that the defendants failed to diagnose anal stenosis and a rectovaginal fistula between July and December 2018, despite multiple visits and symptoms.
Reportedly, the infant’s primary pediatrician, an employee of the medical practice, saw the infant for a routine well-visit in November 2018 and did not perform a digital rectal examination. Prior to that, the pediatric gastroenterologist examined the infant in September 2018 but similarly did not identify any abnormalities during the visit. The plaintiffs alleged that these failures constituted departures from good and accepted medical practice and led to delays in diagnosing the infant’s condition, which was ultimately confirmed in December 2018.
At trial, the plaintiffs argued that the infant displayed visible signs of abdominal distention, which should have prompted further investigation and testing. The plaintiffs introduced photographic evidence of the infant’s abdomen and testimony from a medical expert who asserted that the infant’s symptoms, coupled with the photographic evidence, warranted a digital rectal examination. The plaintiffs also claimed that the medical records did not accurately reflect the infant’s symptoms and that both doctors failed to consider the possibility of anorectal malformations.
The jury, however, found in favor of the defendants. Specifically, the jury determined that neither the pediatrician nor the gastroenterologist deviated from accepted medical standards by not performing a digital rectal examination during their respective evaluations. The plaintiffs filed a post-trial motion under CPLR 4404(a) to set aside the jury’s verdict, arguing that it was against the weight of the evidence.
Grounds for Vacating a Jury’s Verdict
Under New York law, a verdict may be set aside if it could not have been reached based on any fair interpretation of the evidence. The plaintiffs contended that the photographic evidence and testimony presented at trial overwhelmingly supported their claims and that the jury failed to properly evaluate this evidence.
The court rejected the plaintiffs’ arguments, finding that the jury’s verdict was based on a fair interpretation of the evidence. The court noted that both defendants testified that the infant appeared normal and thriving during their examinations, with no signs of abdominal distention or other concerning symptoms. The pediatrician’s records documented a normal well-visit, and the gastroenterologist’s evaluation included palpation of the abdomen, which did not reveal any abnormalities. Additionally, the defense’s medical expert testified that the photographic evidence was insufficient to diagnose abdominal distention and that a digital rectal examination was not required under the circumstances.
The court further emphasized that it was within the jury’s discretion to assess the credibility of the witnesses and weigh conflicting evidence. While the plaintiffs’ expert opined that the infant’s symptoms warranted further testing, the jury was entitled to credit the defendants’ testimony and expert opinions to the contrary.
Speak With an Experienced New York Medical Malpractice Attorney
If you or your loved one suffered harm due to potential medical negligence, it is in your best interest to talk to an attorney about your options. The experienced Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers have extensive experience advocating for victims of medical malpractice, and if we represent you, we will advocate zealously on your behalf. To learn more about your options, contact us today at 833-200-2000 or visit our website to schedule a consultation.
