Syracuse Medical Malpractice and Personal Injury Lawyer Blog

New York Court Discusses Verdict Slips in Medical Malpractice Cases

Published on: May 26, 2021 | By DeFrancisco & Falgiatano

Older people are especially vulnerable to the injuries that arise out of incompetent medical care, and in many instances, the harm they sustain is insurmountable, and they ultimately succumb to their illnesses. In such instances, the deceased person’s family members often can seek compensation from the negligent care providers via a wrongful death claim. In a recent New York ruling, a court discussed a dispute over verdict slips in a case in which it was alleged that medical negligence led to a person’s death. If you suffered the loss of a loved one due to incompetent medical care, you have the right to pursue claims, and you should speak to a Syracuse medical malpractice lawyer to determine what compensation you may be able to recover.

The Facts of the Case

Allegedly, the plaintiff’s decedent was admitted to the defendant hospital. One evening during his stay, he vomited and then was noted to have blue lips and nailbeds. His oxygen saturation level dropped to 55%, and he died later that evening. The plaintiff then filed a lawsuit against the defendant, alleging medical negligence and wrongful death claims. Prior to trial, the parties submitted proposed verdict sheets. The defendant then filed a motion asking the court to reject the plaintiff’s verdict sheet to the extent it sought damages for emotional or physical harm or death, and conscious pain and suffering caused by the defendant’s violation of New York health laws. The court denied the defendant’s motion, after which the defendant filed a motion for leave to reargue the issues.

New York Court Discusses Federal Jurisdiction in Medical Malpractice Cases

Published on: May 20, 2021 | By DeFrancisco & Falgiatano

Plaintiffs are afforded many rights in medical malpractice claims, including to a large degree the ability to choose where the matter is filed. The right is not absolute, however, and defendants may seek a change of venue if they feel another location is appropriate or can remove cases to federal courts. Many defendants prefer to have cases heard in federal court, but there are restrictions as to what matters the courts may exercise jurisdiction over, and if a case is improperly removed, it may be remanded, as demonstrated in a recent ruling issued in a surgical malpractice case by a District Court sitting in New York. If you were injured by a carelessly performed procedure, it is prudent to meet with a Syracuse surgical malpractice lawyer about your rights.

History of the Case

It is reported that the plaintiff underwent a surgical procedure during which the defendant surgeons implanted a filter into one of her veins. She subsequently suffered complications and filed a medical malpractice lawsuit in state court against the defendant surgeons and the defendant hospital. She also asserted claims against the manufacturer of the filter. The defendants removed the case to the federal district court. The plaintiff then filed a motion to remand the case back to state court, arguing that the federal court lacked jurisdiction over the plaintiff’s claims.

Federal Jurisdiction Over Medical Malpractice Claims

Pursuant to federal law, a defendant in a case brought in state court may remove the matter to the district court in the place the action is pending. District courts have jurisdiction over any civil matter where the amount in dispute exceeds $75,000, and the parties are citizens of different states. If a party removes an action filed in state court to federal court on the basis of diversity of citizenship, and the plaintiff challenges the district court’s jurisdiction as the basis for removal, the removing party bears the burden of providing adequate proof of its right to be heard in a federal forum. Continue Reading ›

Court Explains Amendments to a Bill of Particulars in a Medical Malpractice Case in New York

Published on: May 16, 2021 | By DeFrancisco & Falgiatano

In medical malpractice cases in New York, plaintiffs are required to set forth bills of particulars, which essentially explain the plaintiff’s injuries and damages in detail. It is critical that a plaintiff file a bill of particulars that is detailed and comprehensive, as there are strict rules regarding what information a bill of particulars can contain, the manner in which they can be modified, and how many amendments are permitted. Recently, a New York court issued a ruling in a podiatry malpractice case, in which it discussed amendments to a bill of particulars. If you suffered harm due to the negligent treatment of a foot condition or disease, you might be owed damages, and you should speak to a trusted Syracuse podiatry malpractice lawyer.

Procedural History of the Case

It is alleged that the plaintiff treated with the defendant podiatrist in 2016 for bunion deformities on both feet. The defendant eventually removed the plaintiff’s bunions surgically. The plaintiff asserted the procedure was performed improperly, leading to numerous complications. As such, he filed a medical malpractice lawsuit against the defendant.

It is reported that the plaintiff filed an initial bill of particulars in January 2018 and served the defendant with two supplemental bills of particulars later that year. In January 2019, a note of issue was filed, and in August 2019, the plaintiff served the defendant with a third supplemental bill of particulars. The defendant moved to strike the third supplemental bill of particulars as it alleged new injuries, and the court granted the motion. The plaintiff then filed a motion for leave to serve an amended bill of particulars. Continue Reading ›

New York Court Discusses a Hospital’s Vicarious Liability for Medical Malpractice

Published on: May 13, 2021 | By DeFrancisco & Falgiatano

In many medical malpractice cases that arise out of negligent care received in a hospital, the plaintiff will not only assert claims against the doctor who provided the treatment in question but will also seek damages from the hospital. Whether a hospital will be found vicariously liable for the acts of a physician depends, in part, on whether the doctor was an employee of the hospital. As discussed in a recent New York opinion, there is an exception, however, that will allow a hospital to be held vicariously liable despite a doctor’s employment status at the time the harm occurred. If you were hurt because of incompetent care in an emergency room, it is advisable to speak to a seasoned Syracuse emergency room malpractice lawyer to evaluate your possible claims.

The Decedent’s Care

It is reported that the decedent was taken by ambulance to the emergency department of the defendant hospital due to complaints of nausea, vomiting, and severe abdominal pain. He was admitted, and shortly thereafter, the defendant surgeon performed an emergency procedure on the decedent. The decedent died the following day. The plaintiff, the decedent’s wife, filed a lawsuit against the defendants asserting wrongful death and medical malpractice claims. After the parties completed discovery, the plaintiff moved for summary judgment on the issue of whether the defendant hospital was vicariously liable for the acts of the defendant surgeon. The court denied the motion, and the plaintiff appealed.

A Hospital’s Vicarious Liability for Harm Caused by a Doctor

Generally, pursuant to the doctrine of respondeat superior, a hospital may be found vicariously liable for the malpractice or negligence of employees that are acting within the scope of their employment, but not for the malpractice or negligence of a physician working independently, such as when the patient retains the physician by his or her self. Continue Reading ›

New York Court Discusses Grounds for Compelling Disclosure of Mental Health Records in Medical Malpractice Cases

Published on: May 6, 2021 | By DeFrancisco & Falgiatano

People that pursue medical malpractice claims often are required to produce their medical records, including mental health records, throughout the course of litigation. Such records often contain sensitive information, however, and some plaintiffs may be reluctant to provide them to the defendant without just cause. In a recent cardiology malpractice matter, a New York court set forth an opinion explaining what constitutes sufficient grounds to compel a plaintiff to provide authorizations for mental health records. If you sustained damages because of a negligent cardiologist, it is smart to consult a knowledgeable Syracuse cardiology malpractice lawyer to assess your potential claims.

The Plaintiff’s Harm

It is reported that the plaintiff presented to the defendant with multiple symptoms related to his underlying heart condition. The defendant subsequently performed surgery on the plaintiff, which the plaintiff alleged was done in a negligent manner, causing him to suffer injuries. As such, he filed a medical malpractice case against the defendant.

Allegedly, during discovery, the defendant asked the plaintiff to complete authorizations that would allow the defendant to obtain his mental health records. The plaintiff declined, and the defendant filed a motion to compel the plaintiff to comply with his request. The court denied the motion, and the defendant appealed. Continue Reading ›

New York Court Discusses Releases in Medical Malpractice Cases

Published on: April 26, 2021 | By DeFrancisco & Falgiatano

In many medical malpractice cases, there are multiple parties named as defendants. Defendants typically have varying degrees of liability, and it is not uncommon for one defendant to agree to settle, and for the plaintiff to draft a release dismissing the claims against that defendant. A release as to one defendant will not apply to unnamed parties, though, as discussed in an opinion recently issued by a New York court in a hospital malpractice case. If you suffered harm due to incompetent care you received in a hospital, it is in your best interest to meet with a capable Syracuse medical malpractice lawyer to discuss your right to pursue damages.

The History of the Case

It is alleged that the plaintiff child received treatment at the defendant hospital. He suffered unspecified harm, after which his mother filed a lawsuit against the defendant hospital and multiple doctors who worked at the hospital, arguing their negligence caused her son’s harm. A settlement agreement was reached between the defendant hospital and other providers, and the plaintiff. Pursuant to the agreement, the plaintiff provided general releases to the settling defendants and filed an infant compromise order.

It is reported that it was understood, however, that she was permitted to continue her claims against the remaining defendants. More than three years later, though, the defendant doctor, who was an employee of the defendant hospital, sought to dismiss the plaintiff’s claims against her on the grounds that she was covered by the terms of the general release. The plaintiff then moved to amend the infant compromise order to the extent it could be construed to release claims against the defendant doctor. The court granted the plaintiff’s motion, and the defendant doctor appealed. Continue Reading ›

New York Court Discusses Proof Needed to Demonstrate Lack of Informed Consent

Published on: April 21, 2021 | By DeFrancisco & Falgiatano

Generally, before a surgical procedure, a physician will explain the risks, benefits, and potential side effects to the patient before obtaining his or her consent to proceed. If a doctor neglects to, though, and the patient subsequently suffers harm, there may be grounds to pursue a claim for lack of informed consent. Recently, a New York court issued an opinion discussing a plaintiff’s burden of proof in a lack of informed consent claim in an orthopedic malpractice case. If you were injured by a doctor’s failure to obtain your informed consent prior to surgery, you might be owed damages, and you should speak to a seasoned Syracuse medical malpractice lawyer to determine your rights.

The Plaintiff’s Harm

Allegedly, the defendant performed knee surgery on the plaintiff. She subsequently developed drop foot due to a metal fragment that was left by her knee. She filed a lawsuit against the defendant, alleging lack of informed consent and medical malpractice claims. The defendant moved for dismissal via summary judgment, but the court denied his motion. The defendant then appealed.

The Burden of Proof in Lack of Informed Consent Claims

On appeal, the court explained that while the defendant established a prima facie right to judgment as a matter of law on the medical malpractice claim, the plaintiff set forth an expert affidavit in opposition of the defendant’s motion that adequately demonstrated a material dispute of fact existed that required a trial. Thus, the trial court ruling as to the medical malpractice claim was affirmed. Continue Reading ›

Court Explains What Information is Discoverable in Medical Malpractice Cases in New York

Published on: April 17, 2021 | By DeFrancisco & Falgiatano

Patients who suffer injuries due to incompetent medical care may be able to recover damages from the physicians that caused their harm. Additionally, if the losses occur in a hospital setting, the parties responsible for hiring or supervising doctors may be deemed vicariously liable for their behavior. Typically, plaintiffs must prove that a hospital knew or should have known that negligent physicians were likely to cause patients to suffer harm to prove liability, which may require evidence regarding their treatment of other parties. In a recent New York opinion issued in an emergency room malpractice case, a court discussed what information is protected from disclosure in a vicarious liability claim against a hospital. If you were hurt due to incompetent medical care, it is prudent to meet with a trusted Syracuse medical malpractice lawyer regarding your potential claims.

The History of the Case

Allegedly, the plaintiff sought treatment at the emergency department of the defendant hospital for neurological symptoms. He was examined by the defendant doctor and released. It was later revealed, however, that the plaintiff suffered a cerebrovascular accident, which the defendant doctor failed to diagnose. The plaintiff sustained substantial injuries due to the delayed diagnosis and subsequently filed a lawsuit against the defendants, alleging the doctor was negligent, and the hospital was vicariously liable for the harm caused by the doctor.

It is reported that during discovery, the plaintiff sought to depose the former CEO of the hospital, based on a letter he received from a concerned physician regarding prior complaints made to the CEO about the defendant doctor’s competence. The defendants moved to quash the subpoena for the deposition on the grounds that it sought information protected by New York law. Continue Reading ›

New York Court Affirms Dismissal of Medical Malpractice Case

Published on: April 14, 2021 | By DeFrancisco & Falgiatano

Typically, in medical malpractice lawsuits in New York, the parties will engage in discovery, after which the defendant will move to have the plaintiff’s claims dismissed via summary judgment on the grounds that the plaintiff has not produced sufficient evidence to demonstrate that the defendant should be held liable. If a plaintiff fails to adequately refute a defendant’s motion for summary judgment, the court ruling on the matter may dismiss the case, as demonstrated in a recent New York opinion issued in a radiology malpractice matter. If you suffered losses due to a radiologist’s error, it is advisable to speak to a knowledgeable Syracuse medical malpractice lawyer to assess your options.

The Plaintiff’s Harm

Allegedly, the plaintiff underwent treatment with the defendant radiologists at the defendant hospital. He later developed issues due to the treatment and filed a medical malpractice claim against the defendants. The precise nature of the plaintiff’s treatment and harm was not disclosed. Following discovery, the defendants filed a joint motion for summary judgment, asking the court to dismiss the plaintiff’s claims. The trial court granted the motion, and the plaintiff appealed. The appellate court affirmed the trial court ruling on appeal.

Surviving Summary Judgment in a Medical Malpractice Case

It is the well-established law of New York that a defendant moving for summary judgment in a medical malpractice case bears the burden of proving the lack of any departure from the accepted and good practice of medicine, or that to the extent any deviation occurred, it did not cause the plaintiff’s alleged harm. In the subject case, the appellate court affirmed that the defendants met their burden of proof by showing that they did not deviate from the accepted standard of care. Continue Reading ›

New York Court Discusses Late Notices of Claims in Medical Malpractice Cases Against Municipalities

Published on: April 9, 2021 | By DeFrancisco & Falgiatano

People harmed by medical malpractice have the right to pursue damages, but they must do so within the applicable statute of limitations. Additionally, in certain circumstances, a plaintiff must comply with other statutory notice requirements, and the failure to do so may result in dismissal of the claims asserted. This was illustrated in a recent New York ruling in which the court denied the plaintiff’s motion for leave to serve a late notice of claim on the defendant hospital in a cardiology malpractice case. If you sustained harm because of a careless doctor, you could be owed damages, and it is wise to consult a dedicated Syracuse medical malpractice lawyer as soon as possible.

The Plaintiff’s Harm

Allegedly, in September 2016, the plaintiff was admitted to a hospital owned by the defendant municipal entity, where he was diagnosed with endocarditis. He was treated with antibiotics and released. A week after his discharge, he returned, and tests revealed that the infection spread to his brain. He was admitted to a second hospital owned by the defendant, where he was treated for infective endocarditis. He then had to undergo a surgical replacement of his mitral valve two months later.

It is reported that approximately a year and a half after his initial diagnosis, the plaintiff filed a medical malpractice case against the defendant, alleging it was negligent in failing to diagnose and treat his endocarditis. The plaintiff then filed a motion seeking leave to serve a late notice of claim on the defendant. The trial court denied the motion, and the plaintiff appealed. Continue Reading ›