Syracuse Medical Malpractice and Personal Injury Lawyer Blog
In medical malpractice litigation, establishing whether a physician followed accepted standards of care is often a matter of expert testimony. When experts disagree, courts are generally reluctant to resolve the case before trial. A recent decision from a New York court highlights how disputes over a physician’s diagnostic and treatment choices must often be left to a jury. If you believe you were harmed by substandard medical care, a knowledgeable Syracuse medical malpractice attorney can help you assess your legal options.
Background of the Case
It is alleged that the injured party was admitted to a hospital in July 2016 and was diagnosed with Fournier’s gangrene, a rare but aggressive and potentially fatal bacterial infection. The injured party, along with his spouse suing derivatively, later filed a medical malpractice action against the treating internist and others. The plaintiffs claimed that the defendant failed to properly recognize, diagnose, and treat the initial symptoms of infection during the patient’s earlier medical visits, which allegedly allowed the infection to progress into a life-threatening condition.
It is reported that the defendant treated the injured party on July 7, 2016, three days before the diagnosis was formally made. According to the plaintiffs, the defendant did not appropriately assess or respond to signs that should have alerted him to the developing infection. The plaintiffs contended that had the infection been identified earlier, it could have been treated before advancing into a more dangerous and systemic illness.
It is further reported that the defendant moved for summary judgment, seeking dismissal of the complaint. In support of the motion, the defendant submitted expert affirmations asserting that his treatment did not depart from accepted medical standards and that, in any event, his actions did not cause or contribute to the injuries suffered. The trial court denied the motion, prompting further review.
Grounds for Dismissing Medical Malpractice Claims
The court began by reiterating the legal standard governing medical malpractice claims. To prevail, a plaintiff must establish two essential elements: a deviation from accepted medical practice and that the deviation was a proximate cause of the patient’s injury. On a motion for summary judgment, a defendant must affirmatively demonstrate either that there was no such deviation or that any deviation did not cause the alleged harm.
The court found that the defendant met his initial burden. By submitting expert affirmations, the defendant made a prima facie showing that his care complied with prevailing standards and that the development of Fournier’s gangrene was not attributable to any action or inaction on his part.
However, the court concluded that the plaintiffs successfully rebutted this showing. In opposition, the plaintiffs submitted expert testimony asserting that the defendant failed to adequately evaluate and treat early signs of infection. According to the plaintiffs’ expert, this failure allowed the infection to progress and ultimately cause serious harm. The court noted that when both sides submit expert opinions that conflict on the standard of care or causation, the case typically presents a credibility question for the jury to resolve.
Given these competing expert opinions, the court ruled that summary judgment was inappropriate. The court emphasized that factual disputes over medical judgment are not properly resolved on a pretrial motion, particularly when the plaintiff has offered a qualified expert opinion challenging the adequacy of the care provided.
Accordingly, the court affirmed the trial court’s decision and denied the defendant’s motion for summary judgment, allowing the plaintiffs to proceed with their claims at trial.
Speak with an Experienced Syracuse Medical Malpractice Attorney
Medical malpractice cases often involve complex medical records and conflicting expert opinions. If you believe you were injured due to a failure to diagnose or treat a serious medical condition, it is essential to speak with a knowledgeable legal advocate. The experienced Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your rights and help you seek any damages you may be owed. Contact us at 833-200-2000 or reach out online to schedule a consultation.
