Articles Posted in Medical Malpractice

Surgical procedures can offer relief for many chronic and acute conditions. If a doctor does not exercise due care when performing a surgery, though, they may inadvertently cause a patient harm, and may be liable for medical malpractice. In some cases, the hospital or healthcare system that employs the doctor may be responsible as well. As discussed in a recent New York opinion delivered in a medical malpractice case, plaintiffs are generally permitted to pursue discovery of a  hospital system’s procedures for vetting doctors that harm patients, as it may be critical to their claims. If you were harmed by a reckless physician, it is wise to meet with a Syracuse medical malpractice lawyer to discuss your rights.

Factual and Procedural Background

It is reported that the plaintiff filed a medical malpractice action alleging that the defendant surgeon negligently performed a laparoscopic surgery that resulted in perforation of the decedent’s bowel. The surgery occurred at a hospital that was part of the healthcare network of the defendant’s healthcare system. The plaintiff argued that the defendant’s healthcare system failed to establish reasonable procedures for reviewing the defendant’s surgeon’s qualifications before granting him privileges to perform surgeries.

Allegedly, The plaintiff and the decedent, before her passing, moved to compel Kaleida Health to produce a representative knowledgeable about prior incidents involving injuries to patients from surgeries performed by the defendant surgeon. Defendants cross-moved for a protective order. The court granted the plaintiff’s motion and the defendants appealed. Continue Reading ›

Medical malpractice cases typically involve disputes over whether a healthcare provider caused their patients harm. In most cases, both parties will provide expert reports in support of their positions. If a court finds that both parties’ experts offered sound opinions based on facts of record, it is unlikely that the courts will find that one party should prevail, as a matter of law. This was demonstrated in a recent New York medical malpractice ruling, in which the court denied the defendant’s motion for summary judgment. If you have questions about whether you may be able to recover compensation in a lawsuit against a doctor who caused you harm, you should talk to a Syracuse medical malpractice lawyer.

History of the Case

It is alleged that the defendant’s doctors performed a knee replacement surgery and a subsequent skin graft procedure on the plaintiff. The plaintiff experienced complications following the procedures and filed medical malpractice claims against the defendants. The defendants then moved for summary judgment, arguing that the plaintiff could not establish the defendants were negligent and such negligence caused her harm. The court denied the defendants’ motion, however, after which the defendants appealed.

Demonstrating Factual Disputes in Medical Malpractice Cases

Upon review, the court affirmed in part and reversed in part. The court, while acknowledging the defendants’ prima facie entitlement to summary judgment, found that the plaintiff’s experts raised genuine issues of fact regarding the defendants’ alleged negligence. Continue Reading ›

People hospitalized with significant health concerns will often be discharged to skilled nursing facilities to recuperate until they are well enough to return home. Sadly, rather than getting well, some people suffer critical harm. Such injuries do not always mean that they are the victims of medical malpractice, though, as demonstrated in a recent New York case in which the court found that the plaintiff failed to demonstrate that a material issue of fact existed with regard to the defendants’ medical negligence. If you want to learn more about your options for seeking compensation against healthcare providers that caused you or a loved one harm, it is prudent to talk to a Syracuse medical malpractice attorney.

History of the Cases

Allegedly, the plaintiff’s father was admitted to a skilled nursing facility operated by the defendant in July 2009 and received treatment from the defendant attending physician, and the defendant podiatrist, among others. After being diagnosed with a right heel blister in June 2010, which developed into a severe pressure ulcer, the father was transferred to a hospital for further evaluation and treatment. Subsequently, his right leg was partially amputated.

Reportedly, the plaintiff, acting as the decedent’s personal guardian, initiated the action against the defendants, seeking damages for medical malpractice. After the decedent’s death, the plaintiff was appointed as the administrator of his estate and continued the lawsuit. The defendants individually moved for summary judgment, which was granted by the trial court. The plaintiff appealed. Continue Reading ›

Medical malpractice cases are complicated, and most people harmed by medical incompetence who wish to pursue claims against their healthcare providers would benefit from the assistance of a skilled attorney. Regardless, for various reasons, some people choose to proceed pro se. Doing so frequently results in the dismissal of their claims. Recently, a New York court discussed the liberal interpretation standards applied to pro se complaints in a case where it ultimately dismissed the plaintiff’s medical malpractice claims. If you intend to pursue claims against your treatment providers, it is wise to meet with a Syracuse medical malpractice attorney to discuss your options.

Case Setting

It is alleged that the plaintiff, without the assistance of an attorney, initiated legal action against the defendant doctors, medical centers, and other entities. The complaint set forth medical malpractice and civil rights violations related to surgeries the plaintiff received in 2008 and 2020. After granting the plaintiff’s request to proceed in forma pauperis, the court dismissed most of his claims but allowed him to amend his claim under the Racketeer Influenced and Corrupt Organizations Act (“RICO”).

It is reported that the plaintiff filed an amended complaint, adding additional defendants and allegations. The court dismissed various claims with prejudice, including those related to negligence, medical malpractice, Section 1983 claims, and Privacy Act claims, among others. The plaintiff was given leave to amend his RICO claims but ultimately did not assert any in the amended complaint. Instead, he included new claims under the Federal Tort Claims Act (“FTCA“), alleging negligence and wrongful acts by federal government employees. The court then reviewed the complaint for sufficiency. Continue Reading ›

People who witness others experiencing serious health issues will often call 911, after which an emergency response team will typically respond. Unfortunately, EMS teams are not always able to provide people in critical condition with the care that they need, and in some instances, people succumb to their illnesses. The evidence needed to establish an EMS team’s fault for a patient’s death depends, in part, on whether their actions constituted mere negligence or medical malpractice, as demonstrated in a recent New York opinion. If you or a loved one suffered harm due to the carelessness of an emergency care provider, it is wise to talk to a Syracuse medical malpractice lawyer about your possible claims.

Case Background

It is reported that the decedent, a registrant at the defendant’s adult day health facility, began choking during lunch. The defendant’s employee, a registered nurse, responded to an intercom announcement and found the decedent pale and showing signs of choking. Despite efforts to help her, the decedent lost consciousness, which prompted a 911 call. The defendant emergency medical services (EMS) team arrived at the scene, provided treatment, and transported the decedent to the hospital, where she was pronounced dead.

Allegedly, the plaintiff filed an action against the defendants to recover damages for medical malpractice and wrongful death. The defendant EMS team sought summary judgment, arguing that it did not depart from accepted medical standards and that its actions were not the proximate cause of the decedent’s death. Continue Reading ›

People who rely on long-term facilities to look after their loved ones expect that they will be treated with competent care. Sadly, however, it is not uncommon for people in long-term care facilities to suffer fatal harm due to negligence and oversights. In such instances, their loved ones may have grounds for recovering damages via medical malpractice claims. Not all fatalities that occur in a long-term care facility are the result of incompetence, though, as demonstrated in a recent New York medical malpractice case in which the court dismissed the plaintiff’s claims. If you believe your loved one’s death was caused by a healthcare provider’s recklessness, it is in your best interest to talk to a Syracuse medical malpractice lawyer promptly.

Facts of the Case and Procedural History

It is alleged that the decedent, a resident of the defendant’s facility, passed away shortly after eating lunch on day. The plaintiff alleged that the decedent choked on food. As such, the plaintiff, both individually and as the administrator of the decedent’s estate, filed a lawsuit against the defendant, seeking damages for medical malpractice and wrongful death. After completing discovery, the defendant moved for summary judgment, asserting that the decedent did not choke on food and the care provided adhered to the accepted medical standards. The trial court granted the defendant’s motion, prompting the plaintiff to appeal.

Establishing Medical Malpractice Liability Under New York Law

On appeal, the court initially noted that the right of direct appeal from the order denying the plaintiff’s motion terminated with the entry of the judgment in the action. However, the court considered the issues raised in the appeal from the order on the appeal from the judgment. Continue Reading ›

Many people living in residential facilities receive both medical care and assistance with general tasks of daily living, such as feeding and grooming. As such, if they suffer harm in such facilities, it can be challenging to determine whether negligence or medical malpractice is the root cause. As discussed in a recent New York opinion, it is important for anyone seeking damages to distinguish between the two to ensure their interests are protected. If you were harmed by a careless healthcare provider, it is smart to consult a Syracuse medical malpractice lawyer about your rights.

Case Setting

It is alleged that the decedent was transferred to a residential facility operated by the defendants in September 2015 after a hospital admission. Upon admission, the decedent was diagnosed with generalized weakness and a history of multiple falls. The medical history indicated a high risk for falls, leading to the discontinuation of her blood thinner prescription.

It is reported that the decedent experienced multiple falls at the facility, leading to a diagnosis of dementia. She was eventually transferred to another facility, where she passed away. The plaintiff, as the executor of the decedent’s estate, filed a lawsuit against the defendants, asserting claims of breach of contract, violation of New York Public Health Law, and negligence. The defendants moved for summary judgment, but the court denied their motion. The defendants then appealed. Continue Reading ›