Articles Posted in Primary Care Malpractice

In New York, most medical malpractice cases require the plaintiff to hire one or more medical experts to explain key issues to the jury, including the manner in which the defendant caused the plaintiff’s harm. Defendants typically hire experts as well, and the outcome of the case often hinges on which expert the parties find more compelling. In some instances, a party’s expert evidence will be so strong that the case may be resolved prior to trial through summary judgment. As discussed in a recent New York case, though, summary judgment is not appropriate in cases in which the parties offer conflicting evidence. If you were hurt by the carelessness of a doctor, you should meet with a Syracuse medical malpractice lawyer to assess your possible claims.

The Facts of the Case

It is reported that the decedent presented to the defendant, his primary care physician, complaining that he could not taste, had a loss of appetite and lost ten pounds, and was experiencing vomiting and dizziness. At a subsequent visit two weeks later, the defendant diagnosed the decedent with anemia and, because he believed he had a neoplasm, referred him to specialists.

Allegedly, the decedent visited the specialists and underwent multiple tests but died one month after his initial visit. His cause of death was hypertensive cardiovascular disease. The plaintiff commenced a medical malpractice and wrongful death lawsuit against the defendant. The defendant moved for summary judgment, and his motion was granted. The plaintiff appealed. Continue Reading ›

In New York, the terms medical malpractice and medical negligence are often used interchangeably. While they have similar meanings, there are differences between the two, and they impose distinctive burdens of proof on plaintiffs asserting them as causes of action. The was demonstrated in a recent opinion issued by a New York court in a case arising out of primary care malpractice. If you suffered harm due to the careless acts of your physician, it is important to understand what evidence you must produce to recover damages, and you should speak to a Syracuse primary care malpractice lawyer about your rights.

The Decedent’s Harm

It is reported that the decedent was living in a state-owned facility. He visited the infirmary with complaints of chest pain that radiated down his arm lasting two hours. The nurse at the infirmary attempted to conduct an EKG, but the machine used to perform the test was inoperable. She then contacted the defendant medical center to perform telehealth services for the decedent. The attending physician’s assistant contemplated ordering an EKG but did not because the decedent’s vital signs were normal.

Allegedly, after the telehealth consultation ended, the nurse gave the decedent medication, and he returned to his room. He returned to the infirmary a second time, at which point the EKG machine was working. An EKG revealed he was having a heart attack, and he was transferred to a hospital. He subsequently filed a lawsuit against the state, alleging, among other things, medical negligence. The state moved to dismiss the plaintiff’s claims via summary judgment, but the court found that there was a genuine factual dispute as to whether the state deviated from the accepted standard of care. Continue Reading ›

Medical malpractice cases often settle or are dismissed prior to reaching the trial stage. If they are not, though, a jury will be tasked with determining issues such as the defendant’s liability and the plaintiff’s damages. Juries are expected to issue verdicts that align with the evidence presented by the parties, but if they do not, parties can ask the court to set aside the verdict. In a recent New York opinion issued in a medical malpractice case against a family doctor, the court discussed what a party who wishes to vacate a jury’s verdict must establish. If you were harmed by a careless physician, it is in your best interest to meet with a trusted Syracuse family doctor malpractice lawyer to discuss your options.

The Plaintiff’s Claims

It is reported that the plaintiff visited the defendant family care doctor with complaints of pain in his left ear. The defendant examined the plaintiff and observed he had impacted cerumen in his ear and prescribed him antibiotics. He returned a week later with similar symptoms. The defendant’s medical assistant attempted to irrigate the plaintiff’s ear to remove the cerumen but was unable to clear the blockage. Thus, the defendant performed irrigation on the ear.

Allegedly, at a follow-up visit three days later, the defendant advised the plaintiff that the tympanic membrane in his left ear had been perforated, and he would need to undergo surgery to correct the injury. The plaintiff commenced a medical malpractice lawsuit against the defendant, alleging the defendant failed to obtain his informed consent prior to performing the irrigation. A jury ultimately issued a verdict in favor of the defendant, and the plaintiff filed a motion to set aside the verdict. Continue Reading ›

While it is uncommon, men can be diagnosed with breast cancer. Regardless of whether a person diagnosed with breast cancer is male or female, it is a serious disease that requires aggressive treatment. As such, it is critical to obtain an accurate diagnosis as promptly as possible. Thus, a doctor that fails to diagnose a male patient with breast cancer in a timely manner may be sued for medical malpractice. Recently, a New York appellate court discussed the standards imposed on expert affidavits in support of and in opposition to a motion for summary judgment in a case in which the plaintiff sued his primary care physician for failing to diagnose his breast cancer. If you sustained an injury or suffered the worsening of illness due to your doctor’s failure to provide you with the correct diagnosis, it is prudent to speak to a dedicated Syracuse primary care malpractice lawyer to assess your case.

Factual History

It is alleged that the plaintiff was a patient of the defendant primary care physician and regularly treated with her at the defendant practice. The plaintiff, who is male, regularly complained of breast pain and other breast-related symptoms. The defendant did not order diagnostic imaging or any other tests,  however. Ultimately, the plaintiff was diagnosed with breast cancer. He then filed a medical malpractice case against the defendants due to their failure to diagnose him when his symptoms first presented. Following discovery, the defendants filed a motion to dismiss, which the plaintiff opposed. The trial court denied the motion, and the defendants appealed. Following a review, the appellate court affirmed the denial.

Sufficiency of Expert Reports in Medical Malpractice Cases in New York

In seeking a dismissal of a plaintiff’s case via summary judgment, a defendant bears the burden of proving, prima facie, that she or he did not depart from the standard of care or that if a departure did occur, it did not proximately cause the plaintiff’s harm. In the subject case, the court found that the defendants’ expert affidavit only addressed the issue of whether the defendants deviated from the applicable standard. In other words, it only briefly mentioned causation in a conclusory manner. Continue Reading ›

In medical malpractice cases in the state of New York, the plaintiff will typically need to produce an expert report to demonstrate that the defendant violated the standard of care. While generally, the expert will be a person that practices in the same specialty as the defendant, a practitioner that specializes in a different area of medicine than the defendant may be qualified to opine as an expert in certain circumstances. This was discussed in a recent New York case in which the court reversed the dismissal of a plaintiff’s primary care malpractice case. If you were injured by incompetent care provided by a doctor in a primary care practice, it is critical to contact a skillful Syracuse primary care malpractice attorney to discuss what damages you may be able to recover.

History of the Case

It is reported that the plaintiff visited the defendant primary care physician with complaints of neck pain,  scalp sensitivity, headaches, and other complaints. The defendant diagnosed the plaintiff with cervicalgia. Approximately a week later, the plaintiff’s daughter called the defendant and advised him that the plaintiff was suffering from vision loss. The defendant then advised that the plaintiff visit a specialist. The plaintiff was subsequently diagnosed with temporal arteritis and suffered irreversible blindness as a result.

Allegedly, the plaintiff then filed a medical malpractice lawsuit against the defendant. The defendant filed a motion for summary judgment, asking the court to dismiss the plaintiff’s claims. The defendant argued, in part, that the plaintiff’s expert report lacked probative value because it was provided by a doctor that practiced in general surgery rather than internal medicine. The court granted the defendant’s motion, and plaintiff appealed.

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Not all medical malpractice cases arise out of bodily harm; rather, in some instances, a medical malpractice case will arise out of the alleged breach of patient-doctor confidentiality. Regardless of the harm alleged, however, it is critical for the plaintiff to prove he or she suffered actual damages. This was explained in a recent primary care malpractice case in which the court found that a genuine issue of fact existed as to whether the defendant harmed the plaintiff, precluding dismissal via summary judgment. If you sustained damages due to a negligent primary care physician, it is wise to speak with a skillful Syracuse primary care malpractice attorney to discuss your potential damages.

Factual Background

It is reported that the plaintiff, who worked as a schoolteacher, began suffering from respiratory issues while at work. She attempted numerous treatments, but her symptoms persisted. Approximately a year later, the superintendent of the school district that employed the plaintiff asked the defendant primary care physician to examine the plaintiff pursuant to Education Law 913 to determine if the plaintiff was able to perform her job duties. The defendant examined the plaintiff and then sent a report of his findings to the superintendent.

Allegedly, the defendant annexed medical records from other providers that he received from the plaintiff to the report. The plaintiff then filed a medical malpractice lawsuit against the defendant, alleging he violated patient-doctor confidentiality by disclosing the records she provided to him. The defendant filed a motion for summary judgment, which the trial court denied. The defendant then appealed.

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