Articles Posted in Pediatric Malpractice

The crux of any New York medical malpractice is harm caused by the deviation from the standard of care. As such, regardless of the severity of injuries suffered by a plaintiff, if the plaintiff cannot establish that the injuries were caused by the defendant healthcare provider’s negligence, the plaintiff cannot recover compensation. This was reiterated in a recent New York pediatric malpractice case in which the court ruled that the plaintiff’s evidence was insufficient to allow the plaintiff to prove liability as a matter of law. If you or a loved one sustained injury due to inadequate care rendered by a pediatrician, it is advisable to confer with a Syracuse pediatric malpractice attorney adept at assisting injured parties in the pursuit of damages.

Facts of the Case

It is reported that the plaintiff child was taken to the defendant pediatrician by her parents with various complaints.  She was examined, but no diagnostic tests were administered, and she was not admitted to the hospital. She was ultimately diagnosed with numerous serious and permanent conditions, including congestive heart failure, viral myocarditis, and cardiopulmonary failure. The plaintiff subsequently filed a malpractice lawsuit against the defendant and numerous other providers, alleging they caused her grave harm by failing to diagnose her in a timely manner. The defendant moved for dismissal of the plaintiff’s claims against her via summary judgment. The trial court denied the defendant’s motion. The defendant appealed, however, and on appeal, the appellate court reversed, dismissing the plaintiff’s claims against the defendant.

Establishing Liability for Hospital Malpractice

On appeal, the court stated that the trial court erred in refusing to dismiss the plaintiff’s claims against the defendant, as the defendant set forth evidence via an expert affidavit that she did not depart from good and accepted medical practice, and that regardless, any alleged departure did not cause the plaintiff’s harm. Additionally, the court noted that the defendant’s affidavit was specific, detailed, and factual in nature, and addressed each allegation of negligence set forth by the plaintiff.

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In many medical malpractice cases, whether the defendant is found liable for the plaintiff’s alleged harm hinges on the strength of the expert opinions set forth by each party. Recently, a New York appellate court discussed the role of expert reports in medical malpractice claims and how such reports should be evaluated in a case alleging pediatric malpractice. If your child was injured by a negligent care provider, you should speak with a capable Syracuse pediatric malpractice attorney regarding your potential claims.

Facts of the Case

It is reported that the plaintiff filed a medical malpractice case against two sets of defendants who were pediatric specialists from a medical center and from a hospital after her minor son suffered a significant brain injury due to bilateral tension pneumothoraxes. The medical center defendants filed a motion for summary judgment, asking the court to dismiss the plaintiff’s claims. The trial court denied the defendants’ motion, after which the defendants appealed. On appeal, the appellate court affirmed the trial court ruling.

Strength of Expert Opinions in New York Medical Malpractice Cases

In New York medical malpractice cases, a defendant seeking dismissal of the plaintiff’s claims via a motion for summary judgment must set forth factual proof that he or she complied with the applicable standard of care, or that even if the defendant departed from the standard of care, the departure did not harm the plaintiff. Typically, this is done through medical records, deposition testimony, and expert affidavits. If the defendant meets its burden, the plaintiff must then establish that a triable issue of fact exists, by setting forth an expert affidavit opining that the defendant deviated from the applicable standard of care and that the deviation caused the plaintiff’s harm.

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