Articles Posted in Medical Malpractice

While it is prudent for people who want to pursue civil claims to seek the assistance of an attorney in most instances, medical malpractice cases are especially complex, and the decision to proceed pro se often negatively impacts a plaintiff’s rights. The ramifications of pursuing medical malpractice claims without an attorney were demonstrated in a recent New York matter in which the court dismissed the plaintiff’s claims. If you were hurt by the negligence of a physician, it is in your best interest to retain a Syracuse medical malpractice lawyer to assist you in protecting your interests.

Procedural History of the Case

It is alleged that the plaintiff was admitted to the defendant hospital and discharged later the same day. He did not indicate the nature of his concerns in his complaint. Four days later, he suffered a medical incident and was taken to the defendant medical center, where he was again discharged the same day. He subsequently fell after his discharge and was readmitted. During his second admission to the medical center, he had a pacemaker implanted. He then filed a medical malpractice lawsuit against the defendants in federal court, seeking $50,000 in compensation. He was not represented by an attorney and requested to proceed in forma pauperis.

Federal Jurisdiction Over Medical Malpractice Claims

While the court granted the plaintiff’s motion to proceed in forma pauperis, it dismissed the plaintiff’s claims without prejudice due to lack of subject matter jurisdiction. The court explained that if it determines at any juncture that it lacks subject matter jurisdiction over a matter, it must dismiss the action. Continue Reading ›

New York law sets forth statutes of limitations for pursuing civil claims. While medical malpractice claims fall under the umbrella of civil claims, they have a shorter statute of limitations. Thus, which limitation applies depends on whether the person that allegedly caused the plaintiff harm committed ordinary negligence or negligence in the context of medical treatment. Recently, a New York court discussed how to determine which limitations period applies in a matter in which the defendant pursued claims against a social worker and psychologist. If you were hurt by the carelessness of a physician, it is smart to talk to a Syracuse medical malpractice attorney about your right to pursue damages.

The Plaintiff’s Harm

It is reported that the plaintiff’s son was diagnosed with schizoaffective disorders and bipolar disorder in 2014. While he periodically suffered psychotic episodes during which he acted violently and destructively and hallucinated, his condition was stabilized with medication and psychiatric care. Following a psychotic episode, he was confined to a state institution. While he was designated as having the most serious category of mental health illnesses, he was not medicated, and his condition declined.

Allegedly, he suffered multiple psychotic episodes during his confinement. He experienced delays in receiving a mental health evaluation or medication and ultimately stabbed the plaintiff. The plaintiff filed a lawsuit against the defendants, the parties responsible for her son’s confinement and care during his confinement. Among other things, she alleged that the parties responsible for his psychiatric care negligently performed their services. The defendants moved to dismiss the plaintiff’s medical malpractice claims as time-barred. Continue Reading ›

In the majority of medical malpractice cases, the plaintiff must offer evidence in the form of an expert opinion to show that the defendant caused their harm. There are some exceptions, though, like when the doctrine of res ipsa loquitor applies. If a plaintiff fails to assert this argument, however, the lack of expert evidence will most likely be fatal to their claim, as shown in a recent ruling issued in a New York medical malpractice case in which the plaintiff asserted he suffered an eye injury during knee surgery. If you were injured by a carelessly performed procedure, it is smart to talk to a Syracuse medical malpractice lawyer about what evidence you need to offer to recover damages.

Procedural History of the Case

It is alleged that the plaintiff underwent arthroscopic surgery on his knee to repair a torn meniscus. The defendant performed the procedure. Shortly after the surgery, the plaintiff began to experience redness and pain in his left eye. He was subsequently diagnosed with a corneal abrasion. He then instituted a medical malpractice lawsuit against the defendant and the hospital where the defendant worked, alleging that the defendant negligently performed the surgery, causing injuries to his knee and eye. The defendant moved for summary judgment on the cause of action relating to the eye injury. The trial court granted the motion, and the plaintiff appealed.

Under New York law, podiatrists, like all medical professionals, have an obligation to treat their patients in a manner that complies with the accepted and good practice of medicine. If they fail to negligently perform their duties, thereby causing their patients harm, they may be liable for medical malpractice. Recently, a New York court explained what a plaintiff must prove to recover damages in a medical malpractice case against a podiatrist in a matter in which the defendant caused fatal harm. If you or a loved one sustained injuries because of the carelessness of a podiatrist, you should meet with a Syracuse medical malpractice lawyer to assess whether you may be owed damages.

The Facts of the Case

It is alleged that the decedent, who was 81 years old and suffered from numerous chronic health concerns, visited the defendant podiatrist for treatment of a burn on the top of his right foot. The defendant examined the decedent’s foot and noted that while he had areas of raw skin and blisters, there were no signs of cellulitis or infection. The defendant diagnosed the decedent with a second-degree burn, cleaned and dressed his wound, and instructed him on wound care.

Reportedly, the decedent had a follow-up visit with the defendant six and then eleven days later, during which the defendant again noted no signs of infection or cellulitis. A month and a half later, the decedent was admitted to the hospital, where he underwent an amputation of his right foot. Two months later, he died due to cardiac arrest. The plaintiff instituted medical malpractice and wrongful death claims against the defendant, who moved for summary judgment following discovery. The court denied the defendant’s motion, and she appealed. Continue Reading ›

It is not uncommon for people seeking damages for medical malpractice to assert other claims in the same case. If such claims arise out of alleged violations of federal law, they may file their lawsuit in federal court. Federal courts have limited jurisdiction, but they can preside over medical malpractice claims asserted in the same case as federal question claims. If the federal question claims are dismissed, though, it will most likely result in the dismissal of the entire case, as explained in a recent opinion issued by a New York court. If you sustained losses due to the carelessness of a medical professional, you have the right to seek compensation, and you should meet with a Syracuse medical malpractice lawyer to discuss your possible claims.

History of the Case

It is alleged that the plaintiff has been in the custody of the state since 2009. Throughout his stay, he underwent regular testing, including prostate specific antigen screenings. The plaintiff began to experience urinary issues, which he reported to the medical professionals at the facilities he was housed in on various occasions from 2013 to 2018, for which he was prescribed medication.

Reportedly, the plaintiff was ultimately diagnosed with prostate cancer in 2020. He subsequently filed a lawsuit naming the parties who provided him medical care over the years as defendants and asserting claims that they were deliberately indifferent to his serious medical needs in violation of his Eight Amendment rights and that they committed medical malpractice. The defendants moved to dismiss the plaintiff’s claims on the grounds that he failed to state claims under which relief could be granted. Continue Reading ›

Many doctors and medical facilities ask patients to sign consent forms prior to rendering treatment. Such forms usually grant permission to perform certain services and cover the risks associated with such care. In some instances, though, they may contain other provisions, such as a waiver of certain rights with regard to medical malpractice claims. Such terms may violate public policy, however, and therefore the courts may decline to enforce them, as shown in a recent New York ruling. If you were injured by a negligently performed procedure and have questions about your rights, it is smart to meet with a Syracuse medical malpractice lawyer as soon as possible.

The Plaintiff’s Harm

It is alleged that the plaintiff presented to the defendant with complaints of back pain, rashes, swelling, and other symptoms that were ultimately determined to be caused by a contraceptive device that had been inserted in her fallopian tube. The defendant advised the plaintiff that she needed to undergo a hysterectomy to remove the device.

It is reported that the patient decided to undergo a hysterectomy. Prior to the procedure, the defendant’s staff presented her with numerous forms she was asked to complete and sign. Among other things, the forms included an agreement that stated that if she pursued a medical malpractice case against the defendant, she would only hire certain witnesses and that such witnesses would be subject to deposition at least 120 days before trial. Continue Reading ›