Articles Posted in Medical Malpractice

Numerous healthcare facilities throughout New York are funded by the federal government. While healthcare providers working at such facilities are expected to adhere to established standards of care, establishing liability for medical malpractice for deviations from such standards can be challenging. Specifically, there are additional procedural requirements plaintiffs must adhere to that are not present in actions against non-public entities, and as discussed in a recent New York case, the failure to follow the proper procedure may jeopardize their claims. If you were harmed by negligent medical care and are interested in pursuing an action against the provider responsible for your injuries, it is advisable to speak to a Syracuse medical malpractice attorney as soon as possible.

Case Summary and Allegations

It is alleged that the plaintiff sought treatment at the emergency room of Albany Stratton Veterans Hospital (ASVH) on October 13, 2021, for chronic back pain stemming from an active-duty injury. The emergency room physician prescribed three injections, two of which the plaintiff had previously received without incident. The plaintiff claims that after receiving the injections, he was discharged without the standard post-injection observation period. Upon standing, he blacked out and fell to the floor.

Reportedly, the plaintiff alleged that between October 2021 and March 2022, he made over 20 visits to ASVH and other local emergency rooms due to unrelenting pain. Despite these visits, he contends that his primary care provider at ASVH, a named defendant, delayed ordering diagnostic tests. When tests were eventually conducted, they revealed a fractured spinal fusion from a prior surgery. The plaintiff asserts that this delay caused him significant and ongoing pain, which he rated as a constant 10 out of 10. He further alleges that a medical report by his primary care provider labeling him as an opioid abuser amounted to slander. The plaintiff filed a lawsuit under the FTCA, seeking $150,000 in damages for negligence and medical malpractice. He also applied for leave to proceed in forma pauperis. Continue Reading ›

Medical malpractice cases often involve intricate questions regarding the standard of care and causation. The complexity of such claims was illustrated in a recent New York decision in which the court partially denied a motion for summary judgment in a case alleging negligence in discontinuing seizure medication. If you suffered harm due to negligent medical care, it is prudent to meet with a Syracause medical malpractice attorney to discuss your options.

Case Setting

It is alleged that the plaintiff brought claims of medical malpractice and lack of informed consent against the defendant physician, alleging improper discontinuation of an anti-seizure medication, seizure medication. The plaintiff, who had a history of epilepsy and heavy alcohol use, had been seizure-free for years while on seizure medication. During an April 2018 visit, the plaintiff reportedly told the defendant that he had reduced his seizure medication dosage on his own to simplify his medication routine. Based on this information, the defendant discontinued seizure medication. Subsequently, the plaintiff experienced a grand mal seizure in January 2019, leading to serious injuries.

Reportedly, the plaintiff argued that the defendant deviated from the standard of care by discontinuing the medication without proper evaluation, failing to taper the dosage, and not consulting a neurologist. The defendant sought summary judgment, asserting that her actions were within the standard of care and that any alleged deviations did not cause the plaintiff’s injuries. Continue Reading ›

In its analysis, the court emphasized the limited scope of federal jurisdiction, which requires either a federal question or diversity of citizenship between parties. The plaintiff’s claims primarily involved medical malpractice—a matter governed by state law—against private entities. The court noted that private medical facilities do not qualify as state actors capable of triggering federal question jurisdiction under constitutional claims. The court also dismissed any potential FCA claims, as the plaintiff failed to substantiate allegations of fraud against the federal government. Additionally, the plaintiff’s lack of standing to pursue FCA claims pro se precluded further consideration.

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In many instances, emergency C-sections are necessary to prevent children or mothers from suffering grave injuries. While C-sections can be life-saving procedures, post-surgical complications can arise that nonetheless cause harm. In many cases, such complications are the direct result of negligence and are grounds for pursuing medical malpractice claims. Expert testimony is generally necessary to support such claims, but as discussed in a recent New York opinion, experts must meet certain qualifications in order for their testimony to be admissible. If you sustained losses due to a careless doctor, you should confer with a Syracuse medical malpractice attorney regarding your rights.

Factual and Procedural Background

The plaintiffs, a married couple, filed a medical malpractice lawsuit against the defendants, including the United States, a health care provider, and a physician, following an injury sustained during post-partum care. The female plaintiff was admitted to the defendant healthcare facility in September 2017 for labor and underwent a C-section. During the post-operative care, as a resident physician attempted to remove surgical dressing tape, a significant amount of the plaintiff’s skin was removed with the tape, resulting in severe injuries, including permanent scarring.

Reportedly, the plaintiffs alleged that the defendants deviated from the appropriate standard of care in treating the female plaintiff, causing these injuries. They also claimed that the defendants failed to consult specialists, listen to the plaintiff’s complaints, and provide adequate post-partum care. The plaintiffs sought damages for the injuries and a loss of consortium claim. The case proceeded through discovery, and the parties filed cross-motions in limine to exclude the testimony of several expert witnesses. Continue Reading ›

People who are admitted to hospitals for the management of acute and chronic conditions expect that they will receive competent care that protects their health and safety. Unfortunately, though, hospitals do not always treat patients in a manner that meets their expectations and sometimes commit errors that expose patients to unforeseen risks. As demonstrated in a recent New York medical malpractice case, such oversights are typically grounds for pursuing medical malpractice claims as long as they are filed in a timely manner. If you were hurt by negligent care in a hospital, it is wise to meet with a Syracuse medical malpractice attorney promptly to avoid waiving your potential claims.

Facts and Procedural History

It is alleged that the plaintiff initiated an action in June 2016 against the defendant, a hospital, seeking damages for medical malpractice. The plaintiff alleged that during her hospital stay in February 2014, she received daily insulin injections via an insulin pen. After her discharge, the plaintiff received a letter from the defendant in February 2014, indicating that the insulin pen used during her treatment might have contained a reused reservoir, which potentially exposed her to various diseases.

It is reported that the defendant moved for dismissal of the complaint under CPLR 3211(a)(5), arguing that the action was time-barred or, alternatively, for summary judgment dismissing the case. The trial court denied the motion, and the defendant appealed the decision. Continue Reading ›

Incompetent medical care can cause grave and lasting harm, and, unfortunately, it is not uncommon for victims of medical malpractice to succumb to the injuries caused by their healthcare providers. In such cases, their loved ones may be able to pursue claims against the parties responsible for their losses. Only certain people possess the capacity to sue, though, as explained in a recent New York opinion. If you lost a loved one due to the carelessness of a physician, you may be owed damages, and you should confer with a Syracuse medical malpractice attorney as soon as possible.

History of the Case

It is reported that the plaintiff, acting as a proposed administrator of the decedent’s estate, initiated an action asserting claims of medical malpractice, negligence, and wrongful death after the decedent passed away in January 2022. The initial action was filed in December 2022 by the plaintiff in her capacity as the “proposed administratrix” of the decedent’s estate. However, the defendant successfully moved to dismiss the action in September 2023, arguing that the plaintiff lacked the legal capacity to sue, as she had not yet obtained the necessary letters of administration from the Surrogate’s Court.

It is alleged that the dismissal was without prejudice. In February 2024, the plaintiff filed a new summons and complaint, attempting to revive the claims under CPLR 205(a), which allows for refiling within six months of a dismissal not based on the merits. However, the plaintiff had still not obtained the letters of administration, and the defendant again moved to dismiss the action on the grounds that the plaintiff lacked the legal capacity to sue. Continue Reading ›

People harmed by careless doctors and nurses will often seek damages via medical malpractice claims. In addition to claims against the provider that directly caused their losses, they may also be able to pursue claims, like negligent hiring and supervision, against the provider’s employer. In order to sustain such causes of action, however, they must show that the employer either knew or should have known that the healthcare provider they employed posed a risk of harm to patients, as explained in a recent New York case. If you were hurt by a doctor, it is in your best interest to speak to a Syracuse medical malpractice lawyer about your rights.

Factual and Procedural Background

It is alleged that the decedent passed away on November 14, 2024. The plaintiff, the decedent’s husband, subsequently initiated an action against the defendant, a medical center, in May 2017. The plaintiff, acting as the administrator of his late wife’s estate and the natural father and guardian of their minor child, brought claims for medical malpractice, wrongful death, negligent hiring, and retention and sought damages for loss of consortium on his own behalf and loss of parental guidance on behalf of his child.

It is reported that the defendant moved to dismiss the complaint under CPLR 3211(a)(5) and (7), arguing that the claims for medical malpractice and wrongful death were time-barred and the remaining claims failed to state a valid cause of action. The trial court granted the order and entered a judgment dismissing the plaintiff’s complaint. The plaintiff appealed the dismissal of the claims for negligent hiring and retention and loss of consortium. Continue Reading ›