In medical malpractice cases, the burden shifts from the plaintiff, who must set forth evidence of the defendant’s malpractice, to the defendant, who must set forth evidence that he or she comported with the standard of care. When there is conflicting evidence the issue of whether the defendant committed malpractice is typically presented to a jury. In some cases, however, the evidence allows the court to find in favor of one party prior to a trial.
A New York appellate court recently discussed the standards for granting a motion for summary judgment in a medical malpractice case in which the court affirmed judgment in favor of the defendant. If you suffered harm because of a medical practitioner’s negligent failure to conduct necessary tests or diagnose an illness in a timely manner to ensure medical treatment, you should speak with a skilled Syracuse medical malpractice attorney regarding whether you may be able to recover damages for your harm.
The Decedent’s Treatment and Subsequent Death
Allegedly, the plaintiff’s decedent was a resident in a nursing home owned by the defendant for approximately fifteen months prior to her death in January 2012. The decedent suffered from several chronic health conditions, but her immediate cause of death was indicated as cardiopulmonary arrest caused by heart disease and atherosclerosis. Following an autopsy, the decedent’s final cause of death was determined to be aspiration pneumonia. The plaintiff then filed a lawsuit against the defendant alleging, in part, medical malpractice. Specifically, the plaintiff alleged that the defendant committed malpractice by failing to diagnose the decedent’s dysphagia, and failing to prevent or treat the decedent’s aspiration pneumonia. The defendant filed a motion for summary judgment which the trial court granted. The plaintiff subsequently appealed.