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New York Court Discusses Expert Testimony Regarding Fall Risks

Medical facilities have a duty to take appropriate precautions to prevent their patients from suffering foreseeable harm. For example, in cases involving fall risks, hospitals and medical staff must ensure they have implemented adequate safety measures to protect patients, and if they neglect to do so, it may lead to significant injuries. Demonstrating liability following a fall can be challenging, though, as demonstrated in a recent New York case that discussed the legal complexities surrounding fall risk assessments and the role of expert testimony in establishing fault. If you believe inadequate medical care led to your injuries, you should speak to a Syracuse medical malpractice lawyer regarding your rights.

Factual Background and Procedural Setting  

It is alleged that the plaintiff visited the emergency department of the defendant hospital, where he was identified as a fall risk and provided with a wristband to indicate his status. Reportedly, while waiting in a wheelchair for admission, the plaintiff attempted to stand after his name was called and fell, sustaining injuries. The plaintiff asserted that the hospital staff failed to take appropriate safety measures, which contributed to his injuries.

It is reported that the plaintiff filed a lawsuit against multiple defendants, including the hospital, nurses, and patient care assistants, alleging medical malpractice. The defendants moved for summary judgment, arguing that they had adhered to the appropriate standard of care and that no negligent actions on their part caused the plaintiff’s fall. The trial court granted the defendants’ motion, dismissing the claims against them. The plaintiff appealed.

Expert Testimony Regarding Fall Risks

The court reviewed the case under the legal framework applicable to summary motions in medical malpractice claims. It reaffirmed that a defendant seeking dismissal must demonstrate that there was no departure from the standard of care or that any alleged deviation was not the proximate cause of the plaintiff’s injuries. The burden then shifts to the plaintiff to provide expert testimony supporting the claim that a deviation occurred and that it directly led to the harm suffered.

In support of their motion, the defendants presented expert testimony that the fall precautions taken were sufficient given the plaintiff’s condition. The defense expert opined that the plaintiff was adequately assessed upon arrival and that additional safety measures, such as restraining the plaintiff in a stretcher, were not medically necessary. The court found that this evidence was sufficient to shift the burden to the plaintiff.

In response, the plaintiff submitted an expert affidavit arguing that the hospital failed to take appropriate precautions given the plaintiff’s known fall risk. The court determined that this testimony raised triable issues of fact regarding whether the hospital staff’s actions constituted a deviation from the standard of care and whether that deviation contributed to the plaintiff’s injuries. As a result, the court partially reversed the trial court’s ruling, allowing the claims against certain defendants to proceed.

Consult an Experienced Syracuse Medical Malpractice Attorney

Medical malpractice claims require strong evidence, often in the form of expert testimony, to establish negligence and causation. If you have been injured due to a healthcare provider’s failure to meet the accepted standard of care, you may have grounds for legal action. The experienced Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your case and guide you through the legal process. Contact us at 833-200-2000 or reach out online to schedule a consultation.

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