Medical Malpractice

New York Court Discusses Seeking Testimony Relative to a Plaintiff’s Claims in a Medical Malpractice Case

Published on: April 30, 2020 | By DeFrancisco & Falgiatano

In many instances in which a patient suffers harm due to incompetent medical care, more than one care provider will contribute to the patient’s harm. Thus, in many medical malpractice cases, a patient may need to obtain information from a provider not only regarding the care provided by the provider but also regarding the sufficiency of the care provided by other practitioners as well. Thus, if a provider refuses to answer certain questions in a deposition, the patient may not be able to obtain the information needed to prove liability. As such, in some cases, a patient may be able to compel a provider to attend a deposition and answer a proposed line of questioning, as shown in a recent New York case. If you were harmed by negligent medical care, it is in your best interest to consult a seasoned Syracuse medical malpractice attorney to discuss your options for seeking the evidence you need to prove your medical provider caused your harm.

Factual Background of the Case

Allegedly, the plaintiff filed a medical malpractice claim against numerous defendants, including a hospital, a radiology practice, and an individual radiologist, arising out of harm caused by the defendant radiologist’s failure to properly diagnose the plaintiff’s heart issues. During the course of discovery, the plaintiff’s attorney deposed the defendant radiologist; however, the defendant radiologist refused to answer certain questions regarding the plaintiff’s treatment she underwent after she was treated by the defendants. Thus, the plaintiff’s attorney filed a motion to compel the defendant radiologist’s continued deposition. The trial court denied the plaintiff’s motion, after which the plaintiff appealed.

Seeking Testimony Relative to the Plaintiff’s Claims

On appeal, the appellate court reversed the trial court ruling and ordered the defendant radiologist to submit to his continued deposition. Specifically, the court stated that under New York law, the defendant radiologist could be questioned as an expert in the radiology practice area regarding the plaintiff’s subsequent medical records, her subsequent CT scans and reports, and the findings set forth in a report following a subsequent angiogram. Further, the court stated that such questions did not solely relate to the alleged negligence of other defendant physicians, but were relevant to the issue of whether the defendants’ collective negligence in failing to diagnose and treat the plaintiff proximately caused the plaintiff’s harm. As such, the appellate court found that the trial court erred in denying the plaintiff’s motion to compel the defendant to answer questions regarding the plaintiff’s treatment at two other hospitals and order the defendant radiologist to submit to a further deposition.

New York Court Discusses Sufficiency of Medical Malpractice Expert Reports

Published on: April 28, 2020 | By DeFrancisco & Falgiatano

Most medical malpractice cases hinge on the persuasiveness of each party’s expert reports. Thus, if a plaintiff’s report is deemed insufficient or inadequate, or the plaintiff’s expert is deemed unqualified to offer an opinion on the salient issues, the plaintiff’s report may be precluded, which will generally result in a dismissal of the plaintiff’s case. There are several factors that are assessed in evaluating whether a plaintiff’s report should be admitted into evidence, as discussed in a recent case decided by a New York district court, in which the plaintiff sought damages from the defendant government entity pursuant to the Federal Torts Claims Act. If you suffered harm at a government facility, it is prudent to speak with a trusted Syracuse medical malpractice attorney regarding the evidence you may need to prove liability.

Factual Background

Allegedly, the plaintiff visited the defendant government-owned facility for the treatment of an illness. She reportedly suffered harm when a nurse practitioner over-inflated a blood pressure cuff on her arm. Thus, she filed a medical malpractice claim against the defendant pursuant to the Federal Torts Claims Act. The defendant subsequently moved to preclude the plaintiff’s expert report and to have the plaintiff’s claims dismissed via summary judgment. After reviewing the evidence of the case, the court granted both motions.

Sufficiency of an Expert Report

Under the Federal Rules of Evidence, an expert’s testimony will be admitted if it is based on facts or data, is the product of reliable principles that have been reliably applied to the facts of the case, and the expert possesses the necessary specialized knowledge to assist the trier of fact in determining the ultimate issues of the case. To determine whether an expert is qualified, the court assesses whether the expert’s area of specialty aligns with the subject matter of his or her proposed testimony. Thus, an expert may be insufficiently qualified if his or her expertise is deficient or too general.

New York Court Discusses Relation-Back Doctrine in Medical Malpractice Cases

Published on: March 27, 2020 | By DeFrancisco & Falgiatano

In some instances, while it is evident that a person suffered harm due to inadequate medical care, the identity of each physician that provided incompetent care will not immediately be clear. Although a plaintiff seeking damages in a medical malpractice lawsuit can add additional defendants after the lawsuit is filed, he or she generally must do so within the statute of limitations. There are some exceptions, however, such as when the relation-back doctrine applies. In a recent primary care malpractice case, a New York appellate court discussed the elements a plaintiff must prove for the relation-doctrine to apply. If you suffered damages due to negligent care from your primary care physician, it is advisable to consult a trusted Syracuse primary care malpractice attorney regarding your harm.

Factual Background

Allegedly, the plaintiff’s decedent presented to her primary care physician’s office for outpatient care, following a diagnosis of ulcerative colitis. During her visit, she was treated by the defendant physician. She was admitted to the hospital the day after her visit, for complications due to her colitis. She returned to her primary care physician’s office a month after she was discharged from the hospital and was treated by a non-party physician employed by the defendant physician. Shortly thereafter, she returned to the hospital, where it was revealed that she had a gangrenous and perforated colon. She died one week later.

It is reported that the plaintiff filed a medical malpractice lawsuit against the defendant. After conducting the depositions of the defendant and the non-party physician, the plaintiff moved to add the non-party physician as a defendant. The court granted the plaintiff’s motion, and the defendant appealed, arguing that the statute of limitations barred any additional claims.

New York Court Discusses Sufficiency of Defense Expert Reports in Medical Malpractice Cases

Published on: February 28, 2020 | By DeFrancisco & Falgiatano

In all medical malpractice cases filed in New York, the burden of proof is transferred from the plaintiff to the defendant and then back to the plaintiff. In other words, the plaintiff must delineate the alleged malpractice committed by the defendant via a bill of particulars. In turn, if the defendant wishes to have the case dismissed, he or she must refute each allegation in the bill of particulars with an expert report. In a recent case before a New York appellate court, the court explained what constitutes an expert report sufficient to obtain a dismissal in a hospital malpractice case. If you suffered damages during or after your admission to a hospital due to incompetent medical care, it is prudent to speak with a reliable Syracuse hospital malpractice attorney to discuss what compensation you may be able to pursue.

Factual Background

It is reported that the decedent underwent a procedure at the defendant hospital during which a stent was placed in his esophagus. The following day, he was discharged and directed to follow-up with his primary care physician if he suffered certain symptoms. The decedent died five days later. The plaintiff then filed a medical malpractice lawsuit against the hospital and physician who performed the procedure, in which she alleged negligence during the procedure and in the post-discharge care of the decedent. The defendants filed a motion for summary judgment, which was granted with exception to the claims regarding post-discharge care. The defendants appealed.

Sufficiency of Defense Expert Reports in Medical Malpractice Cases

In a medical malpractice case, a defendant seeking dismissal of the plaintiff’s claims via summary judgment must establish either that he or she did not deviate from the standard of care or that any deviation did not cause the plaintiff’s alleged harm. In order to sustain this burden, the defendant must rebut and address each specific allegation of malpractice that is set forth in the plaintiff’s bill of particulars.

Recent New York Medical Malpractice Case Highlights Risks of Proceeding Without an Attorney

Published on: December 16, 2019 | By DeFrancisco & Falgiatano

While in some legal matters, a person may be tempted to proceed without a lawyer, medical malpractice cases are complex and involve a juxtaposition of medical and legal issues. Thus, it generally is in the best interest of a person seeking to recover damages in a medical malpractice case to be represented by an attorney. This was demonstrated in a recent medical malpractice case arising out of the United States District Court for the Northern District of New York, in which the plaintiff proceeded pro se, and many of his claims were dismissed. If you sustained injuries due to a negligent care provider, it is wise to engage an experienced Syracuse medical malpractice attorney to assist you in your pursuit of damages.

Facts Surrounding the Plaintiff’s Alleged Harm

It is reported that the plaintiff treated with the defendant physicians at the defendant mental health center. During a treatment appointment, he requested that a student physician leave the room, and the doctor refused. The plaintiff attempted to file a grievance against the doctor but was asked to return on a later date. When he returned, he was questioned by the first doctor who was named as a defendant as to whether he had ever been admitted as an inpatient. Later that day, the plaintiff was picked up by the police and involuntarily committed to the defendant mental health center with diagnoses of delusional disorder and schizophrenia.

Allegedly, on the day after the plaintiff was admitted, the second doctor who was named as a defendant mocked him and told him he would be admitted for weeks. The plaintiff produced multiple forms of identification and proof that he was not delusional, but was not released for a week. Following his release, he filed a lawsuit asserting numerous claims against the defendants, including medical malpractice claims arising out of fraud and negligence. The defendants moved to dismiss the plaintiff’s claims.

New York Court Differentiates Ordinary Negligence and Medical Malpractice Claims

Published on: December 9, 2019 | By DeFrancisco & Falgiatano

In any civil lawsuit, it is essential for the plaintiff to assert the proper claims against the defendant, and the failure to do so can result in the dismissal of a case. For example, while negligence and medical malpractice claims bear many similarities, there are key distinctions between the two causes of action, and it is important for anyone seeking damages from a medical provider to ensure they are asserting the correct claim. This was evidenced in a recent case decided by a New York appellate court, in which the court reviewed the dismissal of the plaintiff’s negligence claim against a hospital due to the fact that her complaint sounded in medical malpractice. If you were harmed by negligent care rendered in a hospital, it is critical to retain a seasoned Syracuse hospital malpractice attorney to assist you in pursuing the appropriate claims for your harm.

Facts and Procedural Background of the Case

It is reported that the plaintiff donated blood at the defendant hospital’s blood donation center. After making her donation, she lost consciousness and fell and sustained injuries. She then filed a lawsuit against the defendant, asserting a negligence claim. Specifically, she alleged the defendant was negligent for failing to follow protocols for diminishing reactions in blood donors, failing to screen for health problems and obtain a thorough medical history, and failing to provide a medical examination before drawing blood.

It is alleged that the defendant filed a motion to dismiss, asserting the plaintiff’s complaint set forth a medical malpractice claim, but the plaintiff failed to file the required certificate of merit. The plaintiff argued that no certificate of merit was required because the allegations in her complaint merely asserted a negligence claim, not a malpractice claim. The court denied the defendant’s motion, and the defendant appealed.

New York District Court Explains Grounds for Granting a New Trial in a Podiatry Malpractice Case

Published on: November 12, 2019 | By DeFrancisco & Falgiatano

The law provides many safeguards that a plaintiff in a medical malpractice case can use to remedy results that are perceived to be unjust. For example, even if a judge or jury finds in favor of a defendant, a plaintiff in a malpractice case has the right to seek a new trial. A new trial will only be granted in certain circumstances, however, as recently explained by the United States District Court for the Northern District of New York, in a case arising out of an alleged failure to obtain informed consent and other deviations from the standard of care during a foot surgery. If you suffered damages due to inadequate care provided by a podiatrist, you can consult with a capable Syracuse podiatry malpractice attorney regarding the compensation that you may be able to recover for your harm.

Factual and Procedural Background

The plaintiff filed a medical malpractice case against the defendant podiatrist, alleging that the defendant failed to obtain the plaintiff’s informed consent prior to a surgical procedure and that the defendant deviated from the applicable standard of care. Following a trial, the jury found in favor of the defendant. The plaintiff subsequently filed a motion for a new trial.

The Standard for Granting a New Trial

Under federal law, a new trial will only be granted if the verdict rendered by the jury or judge is against the clear weight of the evidence, the trial court acted unfairly, significant evidentiary errors occurred, the jury received improper or inadequate instructions, or the judge or jury awarded excessive damages. Thus, a new trial is only warranted in cases in which it is necessary to rectify a miscarriage of justice or a clearly erroneous result, after reviewing all the evidence of record. In other words, courts are not granted the discretion to reevaluate the evidence and vacate a jury’s verdict merely because a reasonable jury could have come to a different conclusion under the facts of the case, or because the judge believes taht another result was justified.

New York Court Discusses Effects of Failure to Comply with Procedure in a Medical Malpractice Case

Published on: September 30, 2019 | By DeFrancisco & Falgiatano

If a person dies due to medical malpractice, the administrator of the person’s estate can file a lawsuit seeking compensation on behalf of the estate. Regardless of the merits of the underlying claim, however, if the party seeking damages does not comply with the procedural requirements for pursuing claims on behalf of the estate, the claim may be dismissed. This was demonstrated in a recent medical malpractice case which was dismissed due to the plaintiff’s inappropriate filings. If you suffered the loss of a loved one due to medical malpractice it is critical to retain a skilled Syracuse medical malpractice attorney to help you seek damages.

Factual and Procedural Background

Reportedly, in 2015, the plaintiff filed a lawsuit against the defendant, setting forth causes of action of medical malpractice on behalf of her decedent’s estate, arising out of nursing home negligence in January through September 2013. The plaintiff’s decedent died on September 30, 2013, but the plaintiff was not named as the administratrix of the decedent’s estate until January 2018. The case was dismissed by the court for the failure to prosecute. The plaintiff filed a motion to reinstate the action.

Dismissal of a Case Due to Improper Commencement

On appeal, the court affirmed the dismissal of the case and denied the plaintiff’s motion. The court stated that the action was improperly commenced and should have been dismissed at the outset, due to the plaintiff’s failure to obtain proper letters of administration. Further, the court noted that the plaintiff’s attorney lacked any authority to act until the proper party was substituted. As the case was dismissed due to the failure to prosecute, however, the court was limited to addressing the arguments set forth in the plaintiff’s motion.

New York Court Discusses a Primary Care Physician’s Liability for Harm Caused by Third-Parties

Published on: August 28, 2019 | By DeFrancisco & Falgiatano

While most medical malpractice cases are straightforward and merely allege harm caused by inadequate care provided by a doctor, some cases allege a physician should be held liable for inappropriate acts committed by a third party. In a recent case, the Supreme Court of New York, Bronx County analyzed whether a primary care physician could be held liable under for medical malpractice for criminal acts committed by a physical therapist the plaintiff was referred to by the physician. If you sustained harm due to the negligent care or referral of a primary care physician, it is prudent to meet with a trusted Syracuse primary care physician malpractice attorney as soon as possible to discuss whether you may be entitled to compensation.

Facts Regarding the Plaintiff’s Treatment

It is reported that the plaintiff treated with the defendant neurologist who diagnosed the plaintiff with a concussion and a spinal injury. The defendant neurologist prescribed physical therapy for the plaintiff and then referred the plaintiff to the defendant primary care physician (PCP). In turn, the primary care cleared the plaintiff for physical therapy following a physical examination. The plaintiff underwent physical therapy with the defendant student therapist, at the direction of the defendant PCP.

Allegedly, during one of the therapy sessions, the defendant student sexually assaulted the plaintiff. The plaintiff subsequently filed a medical malpractice lawsuit against the defendants alleging, in part, that the defendant PCP improperly prescribed medications and physical therapy, and knew or should have known that the defendant student would engage in sexual abuse and failed to protect the plaintiff from harm. The defendant PCP filed a motion for summary judgment, which the court ultimately granted.

New York Court Explains Application of Frye Test in Medical Malpractice Cases

Published on: June 29, 2019 | By DeFrancisco & Falgiatano

Expectant parents rely on their obstetricians and gynecologists to protect the health of their unborn child and to ensure the child is delivered safely. Unfortunately, ob-gyns do not always provide adequate care, which can cause a child to sustain devastating and permanent injuries during birth. In the majority of cases, expert medical testimony is required to prove that the treatment provided deviated from the standard of care and therefore caused a child’s harm. Recently, a New York court explained when expert medical testimony should be barred under the Frye test, in a case in which the plaintiff alleged her child suffered injuries at birth due to her ob-gyn’s negligent care. If your child suffered injuries at birth due to the negligent care provided by your ob-gyn, it is vital to speak with a trusted Syracuse ob-gyn malpractice attorney regarding your options for seeking compensation for your harm and the harm of your child.

Factual Background

Allegedly, the plaintiff was treated by the defendant ob-gyn during the course of her pregnancy, and during the birth of her child on April 14, 2006. The child had normal Apgar scores at birth and appeared to be in good health. Reportedly, when the child was two to three months old, the mother noticed that the child did not move her right hand. Subsequently, an MRI performed in March 2007 revealed that the child suffered a chronic infarct in the left frontal lobe of her brain. Subsequent tests revealed the child had severe brain damage caused by a remote cerebral injury.

It is reported that following her child’s diagnoses, the plaintiff filed an ob-gyn malpractice lawsuit against the defendant, arguing that the defendant’s failure to properly manage her labor and delivery and failure to perform an emergency Cesarean section in a timely manner caused the child’s harm. Prior to trial, the defendants filed a motion seeking a Frye order prohibiting the plaintiff’s expert from testifying that the plaintiff suffered an intrapartum injury during labor and delivery, on the basis that it relied upon a novel theory that was not generally accepted by the medical community.