Medical Malpractice

New York Court Rejects a Waiver as Against Public Policy in a Medical Malpractice Case

Published on: August 10, 2022 | By DeFrancisco & Falgiatano

Many doctors and medical facilities ask patients to sign consent forms prior to rendering treatment. Such forms usually grant permission to perform certain services and cover the risks associated with such care. In some instances, though, they may contain other provisions, such as a waiver of certain rights with regard to medical malpractice claims. Such terms may violate public policy, however, and therefore the courts may decline to enforce them, as shown in a recent New York ruling. If you were injured by a negligently performed procedure and have questions about your rights, it is smart to meet with a Syracuse medical malpractice lawyer as soon as possible.

The Plaintiff’s Harm

It is alleged that the plaintiff presented to the defendant with complaints of back pain, rashes, swelling, and other symptoms that were ultimately determined to be caused by a contraceptive device that had been inserted in her fallopian tube. The defendant advised the plaintiff that she needed to undergo a hysterectomy to remove the device.

It is reported that the patient decided to undergo a hysterectomy. Prior to the procedure, the defendant’s staff presented her with numerous forms she was asked to complete and sign. Among other things, the forms included an agreement that stated that if she pursued a medical malpractice case against the defendant, she would only hire certain witnesses and that such witnesses would be subject to deposition at least 120 days before trial. Continue Reading ›

New York Court Discusses Establishing Liability for a Delayed Diagnosis

Published on: July 14, 2022 | By DeFrancisco & Falgiatano

For many medical issues, a prompt diagnosis is essential to a good outcome. As such, a patient that suffers harm due to a delayed diagnosis may be able to recover damages in a medical malpractice lawsuit. Merely demonstrating that a diagnosis was delayed is not sufficient to establish liability, though, as a patient must also show that the delays caused actual damages, as discussed in an opinion recently issued in a New York medical malpractice lawsuit. If you suffered harm due to diagnostic delays, it is advisable to confer with a Syracuse medical malpractice lawyer as soon as you can.

The Facts of the Case

Reportedly, the plaintiff received an epidural when he was admitted to a hospital for a procedure. He subsequently developed an epidural abscess that ultimately left him partially paralyzed. He then brought medical malpractice claims against the defendants, the doctors who cared for him during his admission, alleging that their failure to diagnose the abscess that led to his harm promptly. The defendants moved for summary judgment, but their motion was denied. They then appealed.

Establishing Liability for a Delayed Diagnosis

The court reversed the trial court ruling on appeal and dismissed the claims against the defendant. In New York, a defendant moving for summary judgment in a medical malpractice case initially bears the burden of demonstrating either that there was no departure from the applicable standard of care or that any such departure was not the proximate cause of the plaintiff’s losses. Continue Reading ›

New York Court Examines Liability for COVID-19 Related Care

Published on: June 21, 2022 | By DeFrancisco & Falgiatano

The COVID-19 pandemic impacted most facets of modern life, including healthcare providers’ liability for medical malpractice. For example, laws were enacted shortly after the pandemic began to protect healthcare providers from liability with regard to certain behaviors related to the diagnosis and treatment of COVID-19. Such laws do not entirely insulate providers from liability relating to COVID-19, however, as shown by a recent New York opinion. If you or a loved one suffered harm due to negligent medical care, it is advisable to talk to a Syracuse medical malpractice lawyer as soon as possible regarding your possible claims.

The Facts of the Case

It is alleged that the decedent was a resident at the defendant nursing home. She subsequently contracted and died from COVID-19. The plaintiff, the administrator of the decedent’s estate, filed a lawsuit against the defendant asserting numerous claims, including malpractice, wrongful death, and negligence per se. The defendant moved for dismissal, arguing that the PREP Act (Public Readiness and Emergency Preparedness) rendered them immune from liability for harm caused by COVID-19.

Liability for COVID-19 Related Care

The court ultimately granted the motion with regard to the negligence per se cause of action but denied it with respect to the remainder of the claims. The court explained that the PREP Act provides immunity only for the administration or use of a countermeasure, such as a medication for a health condition or disease that constitutes a public health emergency. Continue Reading ›

Court Discusses Expert Evidence in New York Medical Malpractice Cases

Published on: June 14, 2022 | By DeFrancisco & Falgiatano

Generally, the average judge or juror lacks medical training or an understanding of what constitutes appropriate practices and procedures in the context of medical care. As such, in the majority of medical malpractice cases, the plaintiff must produce evidence in the form of an expert opinion to support their claims. If they fail to do so, it is likely that their claims will be dismissed. This was illustrated recently in an opinion set forth by a New York court in a medical malpractice case. If you were hurt by the recklessness of a physician, you may be owed damages, and it is in your best interest to meet with a Syracuse medical malpractice lawyer to avoid waiving your rights.

The History of the Case

It is reported that the plaintiff, acting pro se, filed a medical malpractice and lack of informed consent case against the defendant in federal court. The case arose out of complications following a cosmetic procedure that the plaintiff alleged was improperly performed. Following discovery, the defendant moved for summary judgment on the grounds that the plaintiff’s claims lacked evidentiary support in the form of an expert opinion. The court agreed and granted the defendant’s motion. The plaintiff appealed.

Expert Evidence in New York Medical Malpractice Cases

On appeal, the court affirmed the trial court ruling. The court explained that pursuant to New York law, except in rare cases, a plaintiff must set forth expert testimony showing that there was a deviation from the accepted standards of the practice of medication and that such deviation proximately caused the plaintiff’s harm in order to establish a prima facie case of medical malpractice. In other words, unless the act that allegedly constitutes malpractice falls within the understanding of the jury, expert testimony is required. Continue Reading ›

Court Examines Vicarious Liability in New York Medical Malpractice Cases

Published on: June 7, 2022 | By DeFrancisco & Falgiatano

The majority of expectant mothers in New York choose to deliver their babies in a hospital setting. Thus, if they suffer harm due to an error that occurs during or after their delivery, they may be able to pursue medical malpractice claims against those responsible for their harm. In many instances, this includes not only the attending physicians but also the hospital itself. In a recent New York opinion issued in a medical malpractice case, the court explained when a hospital might be deemed vicariously liable for the harm caused by the physicians it employs. If you suffered harm due to a hospital’s negligence, it is smart to speak to a Syracuse medical malpractice lawyer to determine your options for seeking compensation.

Facts of the Case

It is reported that the decedent visited the defendant hospital for prenatal care. During a treatment appointment, it was determined that she had a myoma on her cervix, which the attending physician stated should be removed once the infant was born. The baby was delivered via cesarean four days later, and at that time, the myoma had grown from the size of a grape to the size of a grapefruit.

Allegedly, the attending physician ordered a biopsy three months after the birth of the child. The biopsy, which was ultimately performed twelve weeks after the birth, revealed that the decedent had cervical cancer. She died eight months later. Her husband filed a medical malpractice lawsuit against the physicians involved in her care and the hospital. The hospital moved for summary judgment, and the court granted the motion. The plaintiff appealed. Continue Reading ›

New York Court Discusses Constitutional Claims Arising Out of Medical Malpractice

Published on: May 30, 2022 | By DeFrancisco & Falgiatano

People harmed by incompetent medical care will often seek damages in a civil lawsuit. In most cases, their claims will sound in medical malpractice. In rare instances, though, people injured by careless physicians may be able to establish that their constitutional rights were violated. If you were hurt by a reckless doctor, you could be owed compensation, and it is advisable to confer with a Syracuse medical malpractice lawyer about what claims you may be able to pursue.

The History of the Case

It is reported that the decedent, who suffered from numerous chronic health conditions, including diabetes, was living in a federal facility. During his stay, he complained that he did not feel well. He was evaluated by a nurse practitioner, and blood tests revealed that his blood glucose levels were below the normal limit. He continued to suffer from complications throughout his stay, but his health declined.

Allegedly, the decedent ultimately died due to complications of diabetes. The plaintiff filed a lawsuit against the defendant, asserting that the decedent’s constitutional rights were violated due to the fact that he was denied medical care. The defendant moved for summary judgment. Continue Reading ›

New York Court Discusses Proving Liability for Failure to Obtain Informed Consent

Published on: May 14, 2022 | By DeFrancisco & Falgiatano

It is well established under New York law that a doctor must obtain a patient’s informed consent prior to performing a procedure. If they fail to do so and a patient subsequently suffers harm, they may be liable for medical malpractice. Recently, a New York court discussed what a plaintiff must prove to establish liability due to the failure to obtain informed consent in a case arising out of complications following an appendectomy. If you were injured following a negligently performed surgery, it is wise to contact a Syracuse medical malpractice lawyer to discuss your rights as soon as possible.

The Facts of the Case

It is reported that the plaintiff presented to the emergency department of the defendant’s hospital with complaints of abdominal pain. He was subsequently diagnosed with appendicitis and underwent an appendectomy. He later had to undergo a second surgery. He suffered complications, after which he filed a lawsuit against the defendant, alleging that the surgeon’s failure to obtain his informed consent and negligent performance of the surgery constituted medical malpractice. The defendant moved for dismissal via summary judgment, and the court granted the motion. The defendant appealed.

Proving Liability for Failure to Obtain Informed Consent

On appeal, the appellate court affirmed the trial court ruling. First, the appellate court noted that the plaintiff’s medical expert, who was an internist, was not qualified to opine on the issue of whether the surgeon departed from the accepted standard of medical care in the applicable community when he performed the plaintiff’s surgeries. Specifically, the court stated that the plaintiff’s expert did not demonstrate any familiarity with abdominal surgery in particular or surgery in general. Continue Reading ›

New York Court Discusses Establishing Liability for Treatment Delays

Published on: May 7, 2022 | By DeFrancisco & Falgiatano

People who present to emergency departments are often suffering from critical issues that need to be addressed promptly. In some instances, a delay in treatment can drastically affect a person’s outcome and may give rise to medical malpractice claims. This was demonstrated recently in a New York opinion in which the court ruled that there was a material issue of fact as to whether the defendant’s delay in offering care caused the plaintiff’s harm. If you were hurt by a negligent physician, you might be able to pursue compensation via a medical malpractice claim, and it is in your best interest to speak to a Syracuse medical malpractice lawyer.

The Facts of the Case

It is alleged that the plaintiff presented to the emergency department of the defendant hospital with a stated complaint of testicular torsion. Approximately an hour and a half after his arrival, he underwent an ultrasound which confirmed the diagnosis. He did not undergo surgery until two hours later, however. His testicle was detorsed, but it did not show any signs of viability; as such, it was removed. The defendant subsequently filed a medical malpractice claim against the defendant, alleging the delays in treatment worsened his likelihood of a good outcome. The defendant moved for summary judgment, but the court denied its motion. The defendant appealed.

Establishing Liability for Treatment Delays

Upon review, the appellate court affirmed the denial of the defendant’s motion. Specifically, it stated that triable issues of fact existed as to whether the defendant departed from the standard of care in treating the plaintiff’s testicular torsion. Further, the court stated that there was a factual dispute as to whether any alleged deviation from the standard of care worsened the plaintiff’s prognosis. Continue Reading ›

New York Court Discusses Evidence Needed to Prove the Existence of a Doctor-Patient Relationship

Published on: April 18, 2022 | By DeFrancisco & Falgiatano

It is not uncommon for expectant mothers to treat at medical practices that employ multiple providers. If the care offered at such facilities is inadequate and causes the mother or her child to suffer harm, the mother may be able to pursue malpractice claims against more than one party. Only those individuals that have a doctor-patient relationship with the mother will be deemed directly liable, however. This was illustrated in a recent ruling issued by a New York Court in a medical malpractice case. If you or your child sustained injuries because of the negligence of a doctor, you may be owed damages, and it is smart to consult a Syracuse medical malpractice attorney to discuss your potential causes of action.

The Plaintiff’s Allegations

It is reported that the plaintiff filed a medical malpractice lawsuit against the defendants, a nurse, midwife practice, and collaborating doctor, arguing that their failure to abide by the accepted practice of medicine resulted in her child being born prematurely, which caused him to suffer brain damage and develop cerebral palsy. The defendant each moved for summary judgment; the defendant doctor argued, in part, that he did not have a treatment relationship with the plaintiff and therefore could not be held liable for medical malpractice. The trial court denied the defendant’s motions, and they appealed.

Establishing the Existence of a Doctor-Patient Relationship

The appellate court affirmed the trial court’s ruling on appeal. One of the primary issues discussed on appeal was whether the collaborating doctor had a treatment relationship with the plaintiff. The appellate court explained that a physician only owes a duty of care to their patient. Further, the duty may be limited to the medical functions the doctor undertakes, and the patient relies upon. Continue Reading ›

New York Court Explains When Summary Judgment is Appropriate in Medical Malpractice Cases

Published on: April 10, 2022 | By DeFrancisco & Falgiatano

Parties in medical malpractice cases typically rely on documentary evidence to support their claims or defenses, like medical records. In many instances, they will assert that the records show, as a matter of law, that their position is correct and, therefore, summary judgment should be granted in their favor. When the parties present conflicting evidence, though, a lawsuit will most likely have to proceed to trial. This was the case in a recent opinion issued in a New York medical malpractice matter in which the court reversed a trial court’s ruling granting summary judgment in favor of the defendant. If you suffered harm due to your doctor’s failure to provide you with competent care, it is wise to speak to a Syracuse medical malpractice attorney to discuss what evidence you must produce to present a winning case.

The History of the Case

It is alleged that the plaintiff presented to the defendant emergency center with complaints of a lump in her breast. She was examined by the defendant nurse practitioner and discharged. The parties disagreed as to what discharge instructions or information the defendants provided the plaintiff; the plaintiff asserted she was advised the lump was a cyst, and the defendants argued they advised her to follow up with a mammogram and ultrasound.

It is reported that approximately thirteen months later, the plaintiff was diagnosed with Stage III breast cancer. She filed a lawsuit against the defendants, asserting medical malpractice claims. The defendants moved to have the plaintiff’s claims dismissed via summary judgment. The trial court granted the defendant’s motion, and the plaintiff appealed. Continue Reading ›