Hospital Malpractice

Court Discusses Expert Qualifications in New York Medical Malpractice cases

Published on: June 29, 2024 | By DeFrancisco & Falgiatano

While it is not uncommon for people in nursing home facilities to suffer harm due to incompetent medical care, it is rare for the parties responsible for causing such injuries to admit fault. As such, a plaintiff pursuing medical malpractice claims against such entities will typically need to retain an expert to explain the standard of care and the manner in which the defendant breached the standard. While only certain people are qualified to testify as experts, that does not necessarily mean that people outside of the defendant’s practice area lack the knowledge needed to offer an expert opinion, as demonstrated in a recent New York ruling. If you sustained injuries due to medical negligence, it is wise to confer with a Syracuse medical malpractice lawyer about your rights.

Procedural and Factual History

It is alleged that the decedent, who was a resident at the defendant’s nursing home, fell and suffered injuries. The plaintiff subsequently filed a lawsuit against the defendant, alleging both medical malpractice and ordinary negligence. Among other things, the plaintiff argued that the defendant failed to adhere to the standard of care required for high-risk elderly patients with dementia.

It is reported that the defendant moved for summary judgment, presenting an affirmation from a medical doctor specializing in geriatric medicine, asserting that the defendant complied with the applicable standard of care. The trial court granted the defendant’s motion for summary judgment, dismissing the complaint. The court dismissed the plaintiff’s claims by categorizing them as solely medical malpractice claims, and disregarded the plaintiff’s nursing expert’s opinion due to the fact that she was not a medical doctor. The plaintiff appealed the judgment and the order. Continue Reading ›

New York Court Discusses Vicarious Liability in Medical Malpractice Cases

Published on: October 8, 2023 | By DeFrancisco & Falgiatano

When people suffer harm due to incompetent medical care, it is often the result of negligence. In some instances, the failings of more than one party contributed to the injured patients’ harm, and each negligent party may be deemed responsible. For example, a hospital may be liable for the carelessness of its physician under a theory of respondeat superior. A hospital will only be deemed liable for the acts of a doctor under certain circumstances, however, as discussed in a recent New York ruling. If you sustained losses due to the careless acts of a medical professional, you may be owed compensation, and you should speak with a Syracuse medical malpractice lawyer.

Procedural and Factual History of the Case

Allegedly, the plaintiff husband suffered complications following a prostate surgery performed at the defendant hospital by the defendant doctor. The plaintiffs then filed an action against the defendants, seeking damages for medical malpractice and lack of informed consent. The defendant hospital moved for summary judgment, seeking to dismiss the part of the complaint, alleging that it was vicariously liable for the medical malpractice of the defendant doctor. The trial court denied the motion, after which the defendant hospital moved for leave to reargue the motion.

It is reported that the plaintiffs opposed the motion for leave and renewed their original opposition to the defendant hospital’s motion for summary judgment. Regardless, the court granted the defendant hospital leave to reargue. Following reargument, the court effectively reversed its prior decision and granted summary judgment in favor of the defendant hospital. The plaintiff then appealed. Continue Reading ›

Court Examines the Statute of Limitations in New York Medical Malpractice Cases

Published on: September 29, 2023 | By DeFrancisco & Falgiatano

The law affords people harmed by the incompetence of their doctors the right to seek compensation in medical malpractice claims. Pursuant to New York law, though, they must do so within a certain time frame; otherwise, they will waive their right to recover damages. In a recent New York case, the court explained what the statute of limitations requires for medical malpractice claims. If you were harmed by incompetent medical care and you want to learn more about your rights, it is smart to consult a Syracuse medical malpractice attorney.

Case History

It is reported that in June 2021, the plaintiff filed a lawsuit against the defendant, alleging claims of medical malpractice and wrongful death. The complaint alleged that the decedent had been a patient at the hospital in 2015 and 2016 and passed away on June 23, 2018. The defendant moved to dismiss the complaint, asserting that it was time-barred. In support of its motion, the hospital presented unchallenged evidence indicating that the plaintiff’s family member was last admitted to the hospital in December 2017. The trial court granted the defendant’s motion, and the plaintiff appealed.

The Statute of Limitations in New York Medical Malpractice Cases

On appeal, the court affirmed the trial court ruling. In doing so, it explained that in cases where the statute of limitations is at issue, the defendant must first establish, prima facie, that the time for commencing the action has expired. If this burden is met, it then shifts to the plaintiff to raise a question of fact regarding whether the statute of limitations was tolled or otherwise inapplicable or if the action was genuinely initiated within the applicable limitations period. Continue Reading ›

New York Court Discusses Medical Malpractice Cases with Disputed Facts

Published on: September 4, 2023 | By DeFrancisco & Falgiatano

In medical malpractice cases, the parties will often disagree regarding the circumstances surrounding the plaintiff’s harm. Factual disputes typically must be resolved via trial. In other words, if a party asks the court to grant judgment in their favor as a matter of law based on a disputed fact, it is likely that their request will be denied, as shown in a recent New York ruling. If you or someone you love suffered losses due to inadequate medical care, you may be able to recover damages in a medical malpractice lawsuit, and you should speak to a Syracuse medical malpractice attorney.

Factual and Procedural History of the Case

It is reported that the decedent called 911 due to suspected stroke symptoms and was transported to the defendant hospital. During the ambulance ride, EMS providers noted a worsening of his symptoms and issued a stroke alert to the defendant hospital. Upon arrival at the hospital, the decedent underwent a CT scan and was assessed by the defendant emergency room physician and the defendant neurologist. Both doctors found that his symptoms did not warrant the administration of a medication used to dissolve clots.

Allegedly, the decedent’s condition deteriorated, and he was eventually admitted to the hospital. Tragically, he was found unresponsive early the next morning and was diagnosed with a pontine stroke, leading to locked-in syndrome. Brennan passed away three years later. The plaintiff filed a lawsuit against the defendant asserting medical malpractice and wrongful death claims, arguing that the defendant’s failure to administer the drug to dissolve clots led to the decedent’s death. The defendants moved for summary judgment, which the court granted. The plaintiff appealed. Continue Reading ›

Court Examines Vicarious Liability in New York Medical Malpractice Cases

Published on: June 7, 2022 | By DeFrancisco & Falgiatano

The majority of expectant mothers in New York choose to deliver their babies in a hospital setting. Thus, if they suffer harm due to an error that occurs during or after their delivery, they may be able to pursue medical malpractice claims against those responsible for their harm. In many instances, this includes not only the attending physicians but also the hospital itself. In a recent New York opinion issued in a medical malpractice case, the court explained when a hospital might be deemed vicariously liable for the harm caused by the physicians it employs. If you suffered harm due to a hospital’s negligence, it is smart to speak to a Syracuse medical malpractice lawyer to determine your options for seeking compensation.

Facts of the Case

It is reported that the decedent visited the defendant hospital for prenatal care. During a treatment appointment, it was determined that she had a myoma on her cervix, which the attending physician stated should be removed once the infant was born. The baby was delivered via cesarean four days later, and at that time, the myoma had grown from the size of a grape to the size of a grapefruit.

Allegedly, the attending physician ordered a biopsy three months after the birth of the child. The biopsy, which was ultimately performed twelve weeks after the birth, revealed that the decedent had cervical cancer. She died eight months later. Her husband filed a medical malpractice lawsuit against the physicians involved in her care and the hospital. The hospital moved for summary judgment, and the court granted the motion. The plaintiff appealed. Continue Reading ›

New York Court Discusses Proving Direct and Vicarious Liability in Medical Malpractice Cases

Published on: October 8, 2021 | By DeFrancisco & Falgiatano

Many people suffering from acute or chronic issues receive medical treatment from a provider working for a hospital or health care facility. As such, if they subsequently suffer harm due to incompetent care, they may not only be able to pursue medical malpractice claims against the doctor but also against the entity that employed them. A plaintiff in a medical malpractice lawsuit must demonstrate the defendant doctor’s negligence, however; otherwise, their claims against both the doctor and the hospital may be dismissed. This was demonstrated in a recent opinion issued by a New York court in a case alleging medical malpractice and vicarious liability claims. If you suffered harm due to incompetent care rendered in a hospital, you might be owed damages, and you should speak to a Syracuse hospital malpractice lawyer regarding your rights.

The Plaintiff’s Allegations

It is alleged that the plaintiff was treated with the defendant doctor at the defendant hospital for an unspecified condition. She later suffered harm, which she alleged arose out of the defendant doctor’s negligent care. As such, she filed a medical malpractice lawsuit, asserting that the defendant doctor was directly liable for her injuries, and the defendant hospital was vicariously liable. The defendants moved for summary judgment, arguing that the plaintiff failed to meet her burden of proof. The court agreed with the defendants and issued an order dismissing the plaintiff’s claims. The plaintiff appealed.

Proving Direct and Vicarious Liability in Medical Malpractice Cases

The appellate court found the trial court’s reasoning to be sound and affirmed the ruling. The court explained that the defendant doctor satisfied his initial burden of proof with regard to both the deviation and causation aspect of the plaintiff’s claim by submitting an affidavit opining that he did not depart from the good and accepted practice of medicine and that the treatment he offered the plaintiff did not proximately cause her to suffer harm. Continue Reading ›

Court Explains Sufficiency of Expert Reports in New York Medical Malpractice Cases

Published on: August 6, 2021 | By DeFrancisco & Falgiatano

In New York, whether a medical malpractice case is successful typically hinges on whether the judge or jury finds either party’s expert reports to be adequate or compelling. As such, both plaintiffs and defendants will often argue the opposing party’s expert reports are deficient, or that their expert lacks the qualifications needed to offer an opinion. Recently, a New York court discussed the sufficiency of expert reports in a case in which the plaintiff alleged he suffered harm due to hospital malpractice. If you were hurt by incompetent care in a hospital, you should meet with a Syracuse hospital malpractice lawyer to determine your options for seeking damages.

The Plaintiff’s Allegations

It is reported that the plaintiff was admitted to the defendant hospital multiple times between April and July 2008. During his admissions, he developed lesions and decubitus ulcers on his legs, knees, and other areas of his body, which he asserted were caused by the negligence of the defendant’s employees. Thus, he filed a lawsuit against the defendant, seeking compensation for his harm which he asserted was caused by medical malpractice.

Allegedly, after the parties exchanged expert reports, the defendant moved for summary judgment. The plaintiff opposed the motion on the grounds that the defendant’s expert lacked the qualifications to offer an expert opinion, but the court granted it, dismissing the plaintiff’s claims. The plaintiff then appealed. Continue Reading ›

New York Court Discusses Vicarious Liability for Medical Malpractice

Published on: June 29, 2021 | By DeFrancisco & Falgiatano

When people suffer harm due to incompetent care provided by a doctor in a hospital, they are often able to pursue medical malpractice claims against the doctor. Many plaintiffs will attempt to seek damages from the hospitals as well, but liability will only be imposed in certain circumstances. In a recent opinion, a New York court discussed what a plaintiff must show to establish a hospital should be held accountable for the negligence of one of its physicians in a case in which the plaintiff suffered permanent brain damage due to surgical errors. If you were injured because of negligent care you received in a hospital, it is smart to meet with a Syracuse hospital malpractice attorney to discuss your rights.

The Plaintiff’s Harm

Reportedly, the plaintiff visited the defendant hospital for heart surgery in February 2014. He experienced significant complications during the surgery and was subsequently placed on a ventilator and a machine that circulated his blood outside of his body. A few days later, his condition worsened, and as he was being transported to the operating room, the tubing to his life support systems was disconnected, and he suffered a loss of oxygen, which resulted in permanent brain damage.

It is alleged that the plaintiff filed a medical malpractice lawsuit against the surgeon and the defendant hospital, arguing the hospital was vicariously liable for the surgeon’s negligence. The hospital moved for summary judgment, and the court granted the motion. The plaintiff appealed. Continue Reading ›

New York Court Discusses Verdict Slips in Medical Malpractice Cases

Published on: May 26, 2021 | By DeFrancisco & Falgiatano

Older people are especially vulnerable to the injuries that arise out of incompetent medical care, and in many instances, the harm they sustain is insurmountable, and they ultimately succumb to their illnesses. In such instances, the deceased person’s family members often can seek compensation from the negligent care providers via a wrongful death claim. In a recent New York ruling, a court discussed a dispute over verdict slips in a case in which it was alleged that medical negligence led to a person’s death. If you suffered the loss of a loved one due to incompetent medical care, you have the right to pursue claims, and you should speak to a Syracuse medical malpractice lawyer to determine what compensation you may be able to recover.

The Facts of the Case

Allegedly, the plaintiff’s decedent was admitted to the defendant hospital. One evening during his stay, he vomited and then was noted to have blue lips and nailbeds. His oxygen saturation level dropped to 55%, and he died later that evening. The plaintiff then filed a lawsuit against the defendant, alleging medical negligence and wrongful death claims. Prior to trial, the parties submitted proposed verdict sheets. The defendant then filed a motion asking the court to reject the plaintiff’s verdict sheet to the extent it sought damages for emotional or physical harm or death, and conscious pain and suffering caused by the defendant’s violation of New York health laws. The court denied the defendant’s motion, after which the defendant filed a motion for leave to reargue the issues.

New York Court Discusses Releases in Medical Malpractice Cases

Published on: April 26, 2021 | By DeFrancisco & Falgiatano

In many medical malpractice cases, there are multiple parties named as defendants. Defendants typically have varying degrees of liability, and it is not uncommon for one defendant to agree to settle, and for the plaintiff to draft a release dismissing the claims against that defendant. A release as to one defendant will not apply to unnamed parties, though, as discussed in an opinion recently issued by a New York court in a hospital malpractice case. If you suffered harm due to incompetent care you received in a hospital, it is in your best interest to meet with a capable Syracuse medical malpractice lawyer to discuss your right to pursue damages.

The History of the Case

It is alleged that the plaintiff child received treatment at the defendant hospital. He suffered unspecified harm, after which his mother filed a lawsuit against the defendant hospital and multiple doctors who worked at the hospital, arguing their negligence caused her son’s harm. A settlement agreement was reached between the defendant hospital and other providers, and the plaintiff. Pursuant to the agreement, the plaintiff provided general releases to the settling defendants and filed an infant compromise order.

It is reported that it was understood, however, that she was permitted to continue her claims against the remaining defendants. More than three years later, though, the defendant doctor, who was an employee of the defendant hospital, sought to dismiss the plaintiff’s claims against her on the grounds that she was covered by the terms of the general release. The plaintiff then moved to amend the infant compromise order to the extent it could be construed to release claims against the defendant doctor. The court granted the plaintiff’s motion, and the defendant doctor appealed. Continue Reading ›