Articles Posted in Surgical Malpractice

In medical malpractice cases, expert testimony often determines whether a plaintiff can present a viable claim to a jury. Courts must carefully balance the need for reliable expert opinions with the recognition that medicine involves overlapping knowledge across specialties. When trial courts apply overly restrictive standards to expert qualifications, they risk prematurely ending otherwise valid claims. As demonstrated in a recent New York decision, improper exclusion of expert testimony can lead to reversal and a new trial. If you suffered harm due to a surgical error, you should consider consulting with a Syracuse medical malpractice attorney to discuss what evidence you must produce to recover damages.

Factual Setting and Procedural History

Allegedly, the plaintiff commenced an action seeking damages for medical malpractice arising from a surgical procedure in which the decedent sustained a serious vascular injury during a minimally invasive operation. The defendant performed a robotic-assisted laparoscopic adrenalectomy during which a major vein was damaged, leading to complications that formed the basis of the malpractice claim.

Reportedly, the case proceeded to trial, where the plaintiff sought to introduce testimony from a board-certified general surgeon to establish the applicable standard of care and to allege departures from it during the procedure. The trial court granted the defendants’ oral motion to preclude the plaintiff’s expert from testifying on the ground that the expert lacked specific experience with robotic-assisted procedures, and subsequently granted an oral motion to dismiss the complaint. Continue Reading ›

In many cases where a patient has a serious health concern, they will be treated with multiple providers. If they subsequently suffer harm due to substandard care, it may be complicated to determine which provider is ultimately at fault, as demonstrated in a recent New York case. If you or a loved one sustained injuries due to the carelessness of a doctor, it is in your best interest to talk to a Syracuse medical malpractice attorney about what evidence you must produce to recover damages.

Case Summary and Allegations

It is alleged that the plaintiff, who underwent spinal surgery performed by the defendant surgeon, was transferred to a rehabilitation facility owned by the co-defendant medical center for postoperative care. The plaintiffs claim that the surgeon and the medical center’s staff failed to provide adequate wound care and monitoring, leading to serious complications. Specifically, they allege that the medical center’s staff prematurely removed the plaintiff’s surgical sutures and neglected to address subsequent signs of infection or wound dehiscence.

Reportedly, these failures resulted in the plaintiff requiring additional medical interventions, including an irrigation and debridement procedure, as well as complex wound closure. The plaintiffs filed suit against the surgeon and the medical center, alleging medical malpractice and seeking damages for the injuries suffered. Following discovery, both defendants moved for summary judgment, asserting that they met the applicable standards of care and that any alleged deviation did not cause the plaintiff’s injuries. The trial court granted both motions, and the plaintiffs appealed. Continue Reading ›

Sadly, it is not uncommon for doctors and medical facilities to make mistakes when treating patients suffering from critical health concerns. Even if a provider makes a mistake, however, they will most likely not be deemed liable for medical malpractice unless their patient can establish that the error in question proximately caused them to suffer harm. This was demonstrated in a recent New York medical malpractice case in which the court dismissed the plaintiff’s claims against a medical facility. If you were injured by an improperly performed procedure, it is advisable to confer with a Syracuse medical malpractice lawyer as soon as possible.

History of the Case

It is reported that the plaintiff underwent heart surgery and the installation of a catheter that was performed by the defendant doctor at the defendant medical facility. The plaintiff subsequently suffered complications, after which he filed a medical malpractice lawsuit against the defendants. In sum, the plaintiff alleged that the defendants delayed in performing the surgery and that the surgery was negligently performed.

It is alleged that the defendant medical center moved for dismissal via summary judgment, arguing that the plaintiff failed to establish proximate cause. The trial court denied the defendant medical center’s motion initially, after which the defendant filed a motion for reargument. Following the second hearing, however, the court upheld its original ruling. The defendant appealed. Continue Reading ›

It is not uncommon for more than one doctor to perform surgery on a patient. If the patient subsequently suffers harm due to mistakes made during the procedure, the surgeon in charge of the patient’s care may be deemed liable for medical malpractice, even if other doctors participated in the surgery. This was demonstrated in a recent New York ruling in which the court found that factual issues existed as to whether the defendant surgeon caused the plaintiff’s harm and reversed the trial court ruling dismissing the plaintiff’s complaint. If you were hurt during a medical procedure, it is in your best interest to speak 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 plaintiff suffered from abnormal uterine bleeding. As such, she underwent a hysterectomy that was performed by the defendant and another non-party doctor. The defendant operated on the right side of the plaintiff’s body, and the non-party doctor operated on the left; the plaintiff experienced excessive bleeding on the left side. After the surgery, the plaintiff reported urinary incontinence.

Allegedly, diagnostic imaging subsequently revealed that her ureter was severed during the procedure. She underwent additional surgeries to repair her injuries. She then instituted medical malpractice claims against the defendant. Following discovery, the defendant moved for dismissal of the plaintiff’s complaint via summary judgment. The trial court granted the motion, and the plaintiff appealed. Continue Reading ›

It is not uncommon for surgical procedures to be less successful than anticipated. While in some instances, such results are unavoidable, in others, they are the result of negligence. As such, a party that suffers injuries following a procedure typically must produce expert testimony to show that their harm was the result of medical negligence and was not merely an unavoidable outcome. Recently, a New York ruling issued in a medical malpractice case highlighted the importance of expert testimony, as the failure to provide an adequate expert opinion resulted in the dismissal of the plaintiff’s claim. If you suffered injuries due to medical incompetence, you should meet with a Syracuse medical malpractice lawyer to determine what claims you may be able to pursue.

History of the Case

It is alleged that the plaintiff underwent a bypass of the femoral popliteal artery in his right leg. The surgery was performed by the defendant doctor and defendant physician’s assistant at the defendant hospital. The surgery ultimately proved unsuccessful. The plaintiff later underwent two additional bypass surgeries, which were unsuccessful, before his right leg was amputated below the knee.

Reportedly, the plaintiff subsequently filed a medical malpractice action against the defendants asserting, among other things, that the defendant doctor’s negligence in performing the initial surgery led to the amputation of his leg. After discovery was complete, the defendants moved for dismissal of the plaintiff’s claims via summary judgment. The plaintiff filed a response in opposition to the motion, but the court granted it. The plaintiff appealed. Continue Reading ›

Whether a New York medical malpractice matter resolves in favor of the plaintiff or defendant generally depends on which party offers a more compelling expert report. As such, the failure to hire a competent expert that can provide a persuasive opinion is often fatal to a plaintiff’s case, as illustrated in a recent ruling issued in a surgical malpractice matter in which the court denied the plaintiff’s request to reargue the defendant’s motion for summary judgment. If you were harmed by a carelessly performed surgical procedure, you may be owed compensation, and you should speak to a Syracuse medical malpractice lawyer regarding what evidence you must offer to present a winning case.

Factual Background of the Case

Allegedly, the plaintiff suffered from gastroesophageal reflux disease and a hiatal hernia, which caused her to experience pain, abdominal bloating, and problems swallowing. She subsequently underwent three surgical procedures, which were performed by the defendant to mitigate her symptoms. Unfortunately, she suffered unspecified complications after the surgery. As such, she filed a lawsuit against the defendant, alleging he negligently performed the surgery, which constituted medical malpractice. The defendant asked the court to dismiss the plaintiff’s claims via summary judgment. The court granted the defendant’s request, and the plaintiff appealed.

Expert Testimony in New York Medical Malpractice Cases

Under New York law, when a defendant makes a prima facie showing in a motion for summary judgment, the burden of proof shifts to the plaintiff, who must then produce materials or evidentiary facts sufficient to rebut the prima facie showing by the defendant. The appellate court explained that conclusory or general allegations of medical malpractice that are not supported by competent evidence that tends to establish the essential elements of a medical malpractice claim are not sufficient to defeat a defendant’s motion for summary judgment. Continue Reading ›