When people have critical and acute health concerns, they typically visit the emergency room of a hospital to obtain immediate treatment and prevent further harm. If the treatment providers in the emergency room provide inadequate care however, it may cause the patient further harm. A New York appellate court recently addressed what a plaintiff seeking to assert an emergency room malpractice claim must prove. If you sustained harm due to negligent care rendered in an emergency room, it is critical to consult a seasoned Syracuse emergency room malpractice attorney regarding your potential claims.
Facts Regarding the Plaintiff’s Treatment
Reportedly, the plaintiff was taken to the emergency room of the first defendant hospital after she was found lying on the sidewalk by the police. She arrived at the hospital at 10:29 pm but left against medical advice at 1:20 am. She then arrived at the emergency room of the second defendant hospital at 1:35 am and was triaged at 1:39 am. The plaintiff was treated by the defendant physician, who ordered a CT scan of her head. The results of the scan indicated that the plaintiff suffered multiple hemorrhages and obstructive hydrocephalus.
It is alleged that upon review of the scans, the physician indicated that the plaintiff needed to undergo immediate surgery and should be transferred to a facility with a neurosurgery department. She was transferred to the third defendant hospital, where the attending physician noted he suspected the cause of her cerebral hemorrhaging was an aneurysm. She then underwent a surgical procedure that was complicated by an aneurysm rupture. She subsequently filed a medical malpractice lawsuit against the defendants. The defendants then filed a motion for summary judgment asking the court to dismiss the plaintiff’s lawsuit.