Failure to Diagnose

New York Court Explains Grounds for Vacating a Jury’s Verdict

Published on: December 16, 2024 | By DeFrancisco & Falgiatano

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.

Court Explains Expert Qualifications in New York Medical Malpractice Cases

Published on: August 24, 2024 | By DeFrancisco & Falgiatano

Expert testimony is a key component of medical malpractice cases and is often needed to demonstrate negligence and causation. While experts must meet certain qualifications, they do not have to be specialists in the field about which they are testifying but can show their credentials via training and experience, as shown in a recent New York case. If you were harmed because of the carelessness of a doctor, you should talk to a Syracuse medical malpractice lawyer regarding your potential claims.

Factual Setting and Procedural History

It is reported that the decedent visited an urgent care clinic operated by the defendant facility, complaining of intermittent joint pain in her upper extremities over the past three days. The decedent, who had a history of high blood pressure and thyroid disease, was examined by the defendant physician at the defendant facility, who referred her to a rheumatologist. On September 11, 2014, the decedent visited her long-time physician, the defendant allergist. She complained of not feeling well for two weeks, including a burning sensation in her arms, hot flashes, and weakness. The defendant physician had been managing her conditions with medication and ordered blood tests.

Allegedly, hours after this visit, the decedent suffered a fatal heart attack. An autopsy determined that the cause of death was arteriosclerotic heart disease with thrombosis of the right coronary artery and myocardial infarction. The plaintiff filed a medical malpractice lawsuit against the defendants. Following discovery, the defendants moved for summary judgment, arguing they adhered to good medical practice and that any alleged departure did not cause the decedent’s death. The trial granted the defendants’ motions for summary judgment, dismissing the causes of action for medical malpractice and wrongful death. The plaintiff then appealed the decision. Continue Reading ›

Failing to Diagnose Deep Vein Thrombosis (DVT) May Give Rise to a Malpractice Claim

Published on: March 14, 2023 | By DeFrancisco & Falgiatano

The majority of patients trust their doctors to correctly diagnose their medical conditions and provide adequate treatment. Unfortunately, in some cases, medical professionals fail to properly diagnose a medical condition. One medical condition that is often misdiagnosed is deep vein thrombosis (DVT). Deep vein thrombosis (DVT) is a condition that occurs when a blood clot forms within a deep vein of the arms, pelvis, or legs. Sometimes these clots move through the bloodstream and become lodged in an artery in the lung, blocking the blood flow in what is known as a pulmonary embolism. Certain individuals are at greater risk of suffering from a DVT including people who are obese, smokers, patients who have had recent surgery, advanced age, kidney problems, pregnancy, or those who are immobile for a long period. If your doctor failed to diagnose or treat your deep vein thrombosis, you should discuss your situation with the experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano.

Internal blood clots can form for many different reasons. In addition to the above referred potential risks, a genetic autoimmune disorder called an antiphospholipid syndrome, or sticky blood, causes the body to attack otherwise beneficial or benign proteins in the body, causing blood clots to form. Regardless of the cause of the clot, it can be potentially dangerous. If a clot travels to the heart or lungs, it can cause breathing problems or even a heart attack. If it travels to the brain, it can cause a stroke. Particularly dangerous blood clots can be treated quickly with surgery, but a doctor must catch the clot in time.

Tests used to diagnose or rule out DVT include:

New York Court Discusses Establishing Liability for a Delayed Diagnosis

Published on: July 14, 2022 | By DeFrancisco & Falgiatano

For many medical issues, a prompt diagnosis is essential to a good outcome. As such, a patient that suffers harm due to a delayed diagnosis may be able to recover damages in a medical malpractice lawsuit. Merely demonstrating that a diagnosis was delayed is not sufficient to establish liability, though, as a patient must also show that the delays caused actual damages, as discussed in an opinion recently issued in a New York medical malpractice lawsuit. If you suffered harm due to diagnostic delays, it is advisable to confer with a Syracuse medical malpractice lawyer as soon as you can.

The Facts of the Case

Reportedly, the plaintiff received an epidural when he was admitted to a hospital for a procedure. He subsequently developed an epidural abscess that ultimately left him partially paralyzed. He then brought medical malpractice claims against the defendants, the doctors who cared for him during his admission, alleging that their failure to diagnose the abscess that led to his harm promptly. The defendants moved for summary judgment, but their motion was denied. They then appealed.

Establishing Liability for a Delayed Diagnosis

The court reversed the trial court ruling on appeal and dismissed the claims against the defendant. In New York, a defendant moving for summary judgment in a medical malpractice case initially bears the burden of demonstrating either that there was no departure from the applicable standard of care or that any such departure was not the proximate cause of the plaintiff’s losses. Continue Reading ›

New York Court Discusses Liability for the Failure to Diagnose a Patient

Published on: October 12, 2021 | By DeFrancisco & Falgiatano

A missed diagnosis can cause irreparable damages, and in many instances, the harm suffered is fatal. Simply because a patient dies after being improperly diagnosed does not automatically mean their family can recover compensation, however. Rather, the survivors must prove the doctor in question committed medical malpractice, and if they cannot, their claims may be dismissed. This was illustrated in a recent New York opinion issued in a hospital malpractice case. If you sustained losses after you received an incorrect diagnosis l, you could be owed compensation, and you should meet with a Syracuse failure to diagnose malpractice lawyer to discuss your options.

The Decedent’s Harm

It is reported that the decedent, who was a minor, was taken to the emergency department of a hospital with complaints of a persistent cough with blood. Doctors at the hospital diagnosed him with bronchitis, gave him a prescription, and discharged him. Three days later, he was transported via ambulance to a second hospital due to difficulty breathing, and he was assessed as having a viral infection.

Allegedly, he was directed to finish his prescription and follow up with his primary care physician. Tragically, he died one day later. The cause of death was determined to be pulmonary embolisms. His mother commenced a medical malpractice lawsuit against both hospitals, alleging their failure to properly diagnose the decedent caused his death. The defendants moved for summary judgment, and the trial court granted the motion. The plaintiff appealed. Continue Reading ›

New York Court Dismisses Medical Malpractice Claim for Failure to Prosecute

Published on: December 15, 2020 | By DeFrancisco & Falgiatano

There are several elements to a successful medical malpractice claim. In other words, a plaintiff must not only prove the defendant acted negligently, and in doing so, harmed the plaintiff but must also comply with the procedural rules for pursuing damages. All too often, however, the plaintiff’s claims are dismissed due to procedural defects, as illustrated in a recent New York ruling where the court dismissed the plaintiff’s psychiatric malpractice claim due to failure to prosecute. If you were harmed by a mental health professional’s failure to provide you with a proper diagnosis, you could be owed compensation and should speak to a knowledgeable Syracuse medical malpractice attorney regarding your rights.

The Plaintiff’s Harm and Allegations

Allegedly, the plaintiff filed a medical malpractice lawsuit against numerous mental health providers, arguing that they departed from the standard of medical care and acted beyond the bounds of professionalism. Specifically, he alleged they failed to provide him with an accurate diagnosis, failed to take heed of his prior diagnoses, declined to speak to his treating psychiatrist, and refused to institute appropriate procedures, treatment, and care. The court ultimately dismissed his complaint due to his failure to comply with the discovery rules and orders issued by the court regarding the prosecution of the case. He then appealed.

Dismissal for Failure to Prosecute

On appeal, the court noted that Federal Rules of Civil Procedure 37 and 41(b) expressly provide for dismissals for failing to prosecute and failing to comply with discovery orders. A court reviewing dismissals pursuant to these rules will only reverse them if the trial court demonstrated an abuse of discretion. In conducting its review, the courts must be mindful that dismissal under Rule 41(b) for failure to prosecute is a harsh sanction that is only to be used in extreme situations.

New York Court Discusses Comparative Negligence in Failure to Diagnose Cases

Published on: October 15, 2020 | By DeFrancisco & Falgiatano

In most medical malpractice cases, the primary focus is on whether the defendant health care provider breached the standard of care and thereby caused the plaintiff harm. In some instances, though, a defendant seeking to refute liability will argue that an intervening cause, such as the plaintiff’s own negligence, was the actual cause of the plaintiff’s injuries. Recently, a New York court discussed comparative negligence in a case in which the plaintiff’s decedent lost her life to breast cancer due to a delayed diagnosis. If a doctor failed to diagnose you or someone you love with breast cancer in a timely manner, it is wise to speak to a capable Syracuse delayed diagnosis malpractice attorney regarding your rights.

The Plaintiff’s Decedent’s Treatment

It is reported that the plaintiff’s decedent presented to the defendant health clinic in December 2014, February 2015, and August 2015 with complaints of right breast pain. She was also treated at another hospital for breast pain in between May 2015 and December 2017. She was eventually diagnosed with breast cancer in March 2017. She underwent a double mastectomy in April 2017, after which there was no detectable cancer. In December 2017, however, she was informed her breast cancer had metastasized. She ultimately died of cancer at the age of 30 in 2019.

The plaintiff, who was the decedent’s partner, filed a medical malpractice case against the defendant, averring that its failure to properly diagnose and treat the decedent greatly decreased her chance of survival. A bench trial was held during which the court was asked to assess the issues of whether the defendant breached the standard of care in treating the decedent and whether any breach proximately caused her death.

New York Court Denies Petition to Serve Late Notice of Medical Malpractice Claim

Published on: August 15, 2020 | By DeFrancisco & Falgiatano

While delays may greatly impair a patient’s health, they may also impair the patient’s right to pursue damages for negligent treatment. For example, a patient harmed by a doctor’s delay in prescribing diagnostic testing may lead to a delayed diagnosis, which can cause irreparable harm to the patient’s health. Similarly, if a patient that has been harmed by a doctor’s failure to provide a timely diagnosis does not provide the defendant with the proper notice of a potential claim or pursue claims against the defendant in a timely manner, it may permanently impair the plaintiff’s ability to recover damages, as demonstrated in a recent hospital malpractice case. If you were harmed by the careless acts of hospital employees, it is advisable to confer with a talented Syracuse hospital malpractice attorney as soon as possible to avoid waiving your right to pursue compensation.

Facts of the Case

It is reported that the plaintiff visited the defendant hospital with complaints of breast symptoms. While she was there, she was examined by the defendant gynecologist and released. The plaintiff was ultimately diagnosed with breast cancer four months later. She then proceeded to file a medical malpractice claim against the defendants, arguing they caused her to suffer significant harm by failing to diagnose her in a timely manner and failing to refer her to obtain the diagnostic testing required to assess an accurate diagnosis.

Allegedly, however, the plaintiff did not file her lawsuit until approximately nine months after the alleged harm. As such, she petitioned the court for leave to serve late notice of her claim. The trial court granted the plaintiff’s petition, after which the defendants appealed. On appeal, the court reversed the trial court ruling and dismissed the plaintiff’s claims.

New York Court Discusses When a Delayed Diagnosis Constitutes Medical Malpractice

Published on: June 17, 2020 | By DeFrancisco & Falgiatano

In some instances in which a patient suffers from multiple symptoms that do not have a clear cause, a doctor will be unable to provide the patient with a prompt diagnosis. While some degree of delay in diagnosing a patient may be reasonable, a substantial delay without just cause may constitute medical malpractice. Recently, a New York appellate court explained when a delay constitutes medical malpractice in a case in which a patient alleged she suffered harm due to a physician’s delay in diagnosing the patient with endocarditis. If you suffered damages due to your doctor’s failure to diagnose you in a timely manner, it is wise to speak to a trusted Syracuse medical malpractice attorney to discuss what damages you may be able to recover.

Facts Concerning the Plaintiff’s Care

It is alleged that the plaintiff visited the defendant urgent care center with numerous complaints. The defendant ultimately diagnosed the plaintiff with endocarditis, multiple days after the plaintiff first visited the defendant urgent care center. The plaintiff then filed a medical malpractice lawsuit against the defendant urgent care center and the defendant doctor who treated her at the center, alleging that the delay in diagnosing the plaintiff caused her to suffer permanent heart valve damage. The defendants filed a motion for summary judgment, asking the court to dismiss the plaintiff’s claims. The court denied the defendants’ motion, after which the defendants appealed. Upon review, the appellate court reversed the trial court’s ruling and dismissed the plaintiff’s case.

When a Delayed Diagnosis Constitutes Medical Malpractice

The appellate court noted that the defendants made a prima facie showing that they were entitled to judgment as a matter of law. Specifically, the defendants met their burden of proof under New York law by producing a detailed expert affidavit that stated that the defendant’s delay in diagnosing the plaintiff did not constitute a departure from accepted and good medical practice in treating the plaintiff. The appellate court found, however, that the plaintiff did not meet her burden of proof. Specifically, the expert reports provided by the plaintiff neither demonstrated that the defendants deviated from the standard of care or that any purported deviation caused the plaintiff’s alleged harm.

New York Court Discusses When a Delayed Diagnosis Constitutes Malpractice

Published on: February 22, 2020 | By DeFrancisco & Falgiatano

While in some cases, a patient’s symptoms are straightforward, and the cause of the symptoms are easily ascertainable, in other instances, the journey to an accurate diagnosis can be lengthy. Simply because a patient does not immediately receive a correct diagnosis does not indicate that malpractice is present, however. Instead, in some cases, it may simply take longer to determine what illness is afflicting a patient. Recently, a New York appellate court discussed the evaluation of malpractice claims arising out of delayed diagnoses in a case in which it took several months for a plaintiff to receive a cancer diagnosis. If you were injured by a delay in receiving an accurate diagnosis, you should consult a capable Syracuse medical malpractice attorney regarding your possible claims.

Factual Background

It is reported that the plaintiff’s decedent presented to the defendant primary care physician with complaints of puffy eyes and nasal congestion. He was treated and sent home. A month later, the decedent called the defendant primary care physician and advised he was having difficulty swallowing, after which she referred him to a gastroenterologist. She did not order any other tests. The decedent ultimately underwent diagnostic imaging, which revealed that he had a mass in his chest. The defendant oncologist ultimately diagnosed the plaintiff with a form of lymphoma. After the decedent’s death, the plaintiff filed a medical malpractice lawsuit against the defendants, arguing that their failure to diagnose the decedent in a timely manner caused the decedent’s harm. The defendants each filed motions for summary judgment, which the court granted in part. The plaintiff appealed.

Medical Malpractice Arising Out of a Delayed Diagnosis

With regard to the claims against the defendant primary care physician, the court noted that the defendant established via her expert report that the treatment she provided the decedent with on the date of his initial visit complied with the standard of care. In return, the plaintiff’s expert failed to raise a triable issue of material fact regarding whether the defendant deviated from the standard of care. Thus, the court affirmed the order granting summary judgment with regard to that issue.