Syracuse Medical Malpractice and Personal Injury Lawyer Blog

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 ›

New York Court Discusses Removal of Medical Malpractice Actions to Federal Court

Published on: March 30, 2021 | By DeFrancisco & Falgiatano

Within the confines of the applicable rules, people harmed by medical malpractice have the right to choose where to pursue claims against the health care providers that caused their harm. In many instances, it is preferable for a plaintiff to file a medical malpractice lawsuit in federal court for a variety of reasons. In some cases, though, a defendant can remove the case to federal court, even if the plaintiff wants it to remain in state court. Defendants must prove certain criteria to show a removal to federal court is proper, however, and if they do not, their cases will be remanded back to state court. This was demonstrated in a recent surgical malpractice matter, in which the court ruled that the defendants failed to show the removal was proper. If you were hurt by an incompetent surgeon, you may be able to recover compensation, and it is prudent to speak to a knowledgeable Syracuse surgical malpractice lawyer as soon as possible.

History of the Case

It is reported that the plaintiffs filed a medical malpractice action against the defendant corporations and physicians, alleging medical malpractice and other claims arising out of harm suffered following a surgical procedure. The complaint was filed in State court and alleged that the defendants and plaintiffs were all residents of New York. The defendants then filed a notice of removal on the grounds of diversity jurisdiction.

Allegedly, the defendants argued, in part, that some of the defendants had been improperly joined in order to destroy diversity jurisdiction and that there was complete diversity between the parties that were properly joined. The plaintiff filed a motion, asserting that the case could not be removed when one of the defendants was a resident of the forum state.

New York Court Discusses Enforceability of Releases in Medical Malpractice Cases

Published on: March 19, 2021 | By DeFrancisco & Falgiatano

Cosmetic surgery is typically elective, but it nonetheless carries the same risks as other procedures. For example, if a surgeon does not take the proper precautions, a patient may suffer infections, adhesions, or other harm. Patients harmed by the negligence of plastic surgeons typically have the right to pursue damages via medical malpractice claims unless they expressly waive their rights via a contractual release. The grounds for enforcing a release in a medical malpractice case were recently discussed by a New York Court, in a ruling in which the plaintiff’s claims were dismissed. If you were harmed by the negligence of a plastic surgeon, you could be owed compensation, and it is in your best interest to meet with a seasoned Syracuse surgical malpractice lawyer to assess your options.

The Plaintiff’s Harm

It is reported that the plaintiff received a buttock augmentation at the defendant facility. Following the procedure, she developed an infection and bleeding at the operative site. She had to undergo additional procedures and was prescribed narcotic pain medication. She subsequently contacted the defendant and requested a refund of her payment for the procedure. The defendant agreed but required her to sign a release prior to granting her the refund. The plaintiff then filed a medical malpractice lawsuit against the defendant. The defendant ultimately moved for summary judgment, arguing that the release barred the plaintiff’s claims. The plaintiff opposed the motion, but the court granted it regardless.

Enforceability of Releases in Medical Malpractice Cases

Upon review, the court explained that, under New York law, a valid release that is unambiguous and clear on its face will be enforced as a private agreement between the parties, as long as it was entered into knowingly and voluntarily. In other words, absent evidence of duress, fraud, undue influence, or another valid defense, a release will be binding on the parties that signed it. Continue Reading ›

New York Court Explains Vicarious Liability in Medical Malpractice Cases

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

Doctors frequently work for other physicians or facilities. As such, if a physician’s carelessness causes harm, the injured party may not only be able to pursue claims against the doctor but also the party that employed him or her. In a recent New York opinion, the court explained what a plaintiff must establish to prove a vicarious liability claim against a hospital for negligent care provided by a physician, in a matter where the plaintiff alleged podiatrist malpractice. If you were hurt by the carelessness of a foot doctor, you might be able to pursue claims for damages, and it is advisable to speak to a trusted Syracuse podiatry malpractice lawyer to determine your potential claims.

The Plaintiff’s Harm

It is reported that the plaintiff was referred to the defendant podiatrist by his primary care physician. The plaintiff treated with the defendant podiatrist for a laceration in his big toe. At the time, the plaintiff was working as an independent contractor for the defendant practice and the defendant physician. Due to unspecified harm, the plaintiff filed a medical malpractice lawsuit against the defendant podiatrist. He then amended the complaint to include claims against the defendant practice and physician, alleging they were vicariously liable. They ultimately moved to dismiss the claims against them via summary judgment.

Vicarious Liability for Medical Malpractice

Pursuant to the doctrine of respondent superior, a doctor or care facility may be deemed vicariously liable for the negligence of its employee. In cases in which no employment relationship exists, they may be vicariously liable under theories of agency, apparent agency, or control in fact. In the subject case, the defendant practice and physician argued they could not be deemed liable for the defendant podiatrist because he was an independent contractor and not an employee, and they did not exercise control over his work performance. Continue Reading ›