Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Many medical malpractice cases hinge on the strength of expert testimony, particularly when complex medical conditions are involved. Plaintiffs must not only demonstrate a deviation from the standard of care but also establish that the negligence directly caused harm. This was emphasized in a recent New York medical malpractice case in which the plaintiff sought to demonstrate the liability of a nursing home. If you suspect that a loved one has suffered due to substandard nursing home care, it is advisable to talk to a Syracuse medical malpractice attorney about your options.
Case Setting
It is alleged that the decedent, a 94-year-old woman with a history of significant medical conditions, was admitted to the defendant nursing home for rehabilitation following a femur fracture and small bowel obstruction. Reportedly, upon admission, she had stage II pressure ulcers, which were treated in accordance with standard wound care protocols. However, it is alleged that despite ongoing care, her condition worsened, and she ultimately developed a stage IV sacral decubitus ulcer, which became infected with osteomyelitis.
It is reported that the decedent was transferred to a hospital for additional treatment, including a blood transfusion and further wound care, but her overall health continued to deteriorate. She ultimately passed away, with her death certificate citing respiratory failure due to the large sacral ulcer as a contributing factor. The plaintiff, the administrator of the decedent’s estate, filed a lawsuit against the nursing home and its associated staff, asserting claims of medical malpractice and wrongful death. The trial court granted the nursing home’s motion for summary judgment, finding that the plaintiff had failed to establish a triable issue of fact. The plaintiff subsequently appealed.
The Importance of Expert Testimony in Medical Malpractice Claims
The court reaffirmed that in medical malpractice cases, a defendant seeking summary judgment must demonstrate either that there was no departure from the accepted standard of care or that any alleged departure did not proximately cause the plaintiff’s injuries. The burden then shifts to the plaintiff to provide expert evidence establishing that a deviation from the standard of care occurred and was a proximate cause of the harm suffered.
In support of their motion for summary judgment, the defendants presented expert testimony that the wound care provided was appropriate given the decedent’s underlying chronic conditions. The experts opined that due to her advanced age and pre-existing medical issues, including chronic diarrhea and anemia, her wounds were unlikely to heal even with optimal care. The court found that this evidence was sufficient to shift the burden to the plaintiff.
In response, the plaintiff submitted an expert opinion from a registered nurse specializing in long-term care. However, the court determined that the nurse’s testimony was insufficient to establish causation, as she lacked the necessary qualifications to provide a medical opinion on whether the alleged deviations proximately caused the decedent’s death. Moreover, the plaintiff’s expert did not effectively dispute the conclusions of the defense experts, who maintained that the decedent’s condition was unlikely to improve regardless of treatment. Given the insufficiency of the plaintiff’s evidence, the court affirmed the trial court’s ruling, dismissing the claims against the nursing home.
Consult a Syracuse Medical Malpractice Attorney
Nursing home residents are entitled to receive competent and diligent medical care, and when facilities fail to meet this standard, they may be held legally accountable. If you believe that a nursing home’s negligence contributed to the harm or death of a loved one, you should seek legal advice as soon as possible. The skilled Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can assess your case and help you pursue the justice you deserve. Contact us at 833-200-2000 or reach out online to schedule a consultation.
