Articles Posted in Medical Malpractice

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 ›

Discovery is a key component of demonstrating fault and damages in medical malpractice cases. Additionally, defendants rely on discovery to help them mount defenses to the claims against them. As such, the courts do not look kindly on a party’s refusal to comply with discovery requests and may, in fact, issue judgments as a matter of law against such parties, as demonstrated in a recent New York medical malpractice case. If you were harmed by the carelessness of a doctor, it is wise to confer with a Syracuse medical malpractice lawyer about your possible claims.

Factual Background and Procedural Setting

Reportedly, in June 2016, the plaintiff initiated an action against the defendant to recover damages for medical malpractice and lack of informed consent related to an MRI scan conducted in 2015. The plaintiff was required, pursuant to a July 2019 order, to provide certain authorizations by July 2019 and to file a note of issue by January 2020. The plaintiff failed to meet these requirements. In June 2022, the defendant served the plaintiff with a 90-day notice under CPLR 3216.

Allegedly, the plaintiff subsequently moved to extend the time to file a note of issue in July 2022. The defendant opposed this motion and cross-moved to strike the complaint based on the plaintiff’s repeated failure to comply with discovery demands and court orders. In September 2022, the trial court granted the defendant’s cross-motion and denied the plaintiff’s motion. The plaintiff appealed this decision.  Continue Reading ›

It is not uncommon for people who receive incompetent medical care to suffer complications that negatively impact their health, mental and emotional well-being, and financial security. Fortunately, the law affords victims of medical negligence the right to pursue claims against the healthcare providers responsible for their harm. Any action they institute must be commenced within the time frame proscribed by law. If it is not, it may be dismissed, regardless of the sufficiency of their evidence, as demonstrated in a recent New York case. If you sustained losses due to reckless medical care, it is in your best interest to consult a Syracuse medical malpractice lawyer as soon as possible to avoid waiving your right to recover damages.

Factual and Procedural History

It is alleged that the plaintiff, a former employee of a healthcare provider, initiated a lawsuit against the United States under the Federal Tort Claims Act (FTCA). The plaintiff alleged that she suffered from various medical conditions due to negligent medical care provided by her employer, a federally supported health center. During her employment, she was aware that the United States would defend and indemnify her if she were named as a defendant in a lawsuit.

Reportedly, after exhausting administrative remedies, the plaintiff filed her claim in federal court. The United States moved for summary judgment, arguing that the plaintiff’s claim was time-barred under 28 U.S.C. § 2401(b) because it was not filed within the required two-year period from the date the claim accrued. Continue Reading ›

People who suffer losses following incompetent medical care will often seek damages from their healthcare providers. In order to recover compensation, though, they must establish proximate cause, which means that they must connect the inadequate care in question to their ultimate harm. In a recent new York medical malpractice opinion, the court discussed what evidence is needed to meet this burden of proof. If you were hurt by a careless doctor, you may be owed damages, and you should talk to a Syracuse medical malpractice lawyer.

Factual and Procedural History

It is alleged that the plaintiff initiated a medical malpractice and wrongful death lawsuit against the defendant physician, among others, alleging negligence in the treatment of the decedent, who died by suicide. The defendant had treated the decedent in the days and weeks preceding the death, including an office visit on the day of the death. The plaintiff claimed that the defendant deviated from the standard of care by not referring the decedent to the emergency room the day before their death.

Reportedly, a jury found the defendant’s actions were a substantial factor in causing the death and awarded the plaintiff almost $10 million in damages. The defendant then filed a motion to set aside the verdict on the grounds of both the departure from the standard of care and proximate cause, seeking judgment as a matter of law to dismiss the complaint against him. Alternatively, the defendant requested a new trial on liability and damages. The trial court granted the motion concerning proximate cause, concluding that the evidence did not sufficiently establish a link between the defendant’s actions and the death, and dismissed the complaint against the defendant. The plaintiff appealed. Continue Reading ›

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 ›