Syracuse Medical Malpractice and Personal Injury Lawyer Blog

New York Court Explains Standard for Granting a Motion for Judgment as a Matter of Law in Medical Malpractice Cases

Published on: March 26, 2019 | By DeFrancisco & Falgiatano

Surgeons are required to possess the skills and training of other surgeons in their local community. As such, for a plaintiff to recover on a surgical malpractice claim he or she must show, in part, that the defendant surgeon performed the operation in a manner that deviated from the accepted practice in the community. If a surgeon performed a surgery in an accepted manner, a malpractice claim will not lie, even if the manner was not the preferred method. This was illustrated in a recent New York case in which the court affirmed the defendant’s motion for judgment as a matter of law, due to a lack of evidence that the defendant deviated from the standard of care. If you were injured due to a negligently performed surgical procedure, you should meet with a skillful Syracuse medical malpractice attorney regarding your case to assess what damages you may be able to recover.

Factual and Procedural Background

The plaintiff underwent a brachioplasty, which was performed by the defendant. A brachioplasty, which is commonly referred to as an arm lift, is a surgical procedure that reshapes a patient’s arms. The plaintiff subsequently filed a surgical malpractice lawsuit against the defendant arguing he negligently performed the surgery thereby causing her harm. The case proceeded to trial, and at the close of the plaintiff’s case, the defendant filed a motion for judgment as a matter of law, which the court granted. The plaintiff appealed. On appeal, the court affirmed.

Court Discusses Standard for Granting Extension of Time to Serve New York Medical Malpractice Complaint

Published on: March 25, 2019 | By DeFrancisco & Falgiatano

There are multiple facets that must combine for a plaintiff’s medical malpractice claim to be successful. First, the plaintiff must possess sufficient facts and evidence to show that the defendant medical provider should be held liable for the plaintiff’s alleged harm. Additionally, the plaintiff must comply with the procedural rules that dictate the manner in which a claim is prosecuted. For example, even if a plaintiff can present a strong case against a defendant, if the plaintiff fails to serve the initial pleading in a lawsuit in a timely manner, it may detrimentally affect his or her claim. In some cases, a plaintiff may be granted an extension of time to serve a lawsuit. A New York court recently discussed the standards for determining whether to grant a plaintiff an extension to serve a Complaint in a medical malpractice case. If your medical provider rendered negligence care that caused you to sustain an injury or illness, it is important to retain a knowledgeable Syracuse medical malpractice attorney to assist you in pursuing your claim.

Procedural Background

Reportedly, the plaintiff instituted a medical malpractice action in November 2016 by filing a Complaint. The Complaint set forth allegations that the defendant committed medical malpractice due to the failure to remove broken glass from the plaintiff’s leg. The defendant was reportedly served with the Complaint in December 2016. In February 2017, however, the defendant filed an answer to the Complaint and set forth the affirmative defense of lack of personal jurisdiction. The plaintiff then moved for an extension of time to serve the defendant with a Complaint. The defendant filed a counter motion to dismiss the Complaint due to lack of personal jurisdiction. The trial court granted the plaintiff’s motion and denied the defendant’s motion, after which the defendant appealed.

New York Court Discusses Standard for Granting Summary Judgment in Medical Malpractice Cases

Published on: March 19, 2019 | By DeFrancisco & Falgiatano

In medical malpractice cases, the burden shifts from the plaintiff, who must set forth evidence of the defendant’s malpractice, to the defendant, who must set forth evidence that he or she comported with the standard of care. When there is conflicting evidence the issue of whether the defendant committed malpractice is typically presented to a jury. In some cases, however, the evidence allows the court to find in favor of one party prior to a trial.

A New York appellate court recently discussed the standards for granting a motion for summary judgment in a medical malpractice case in which the court affirmed judgment in favor of the defendant. If you suffered harm because of a medical practitioner’s negligent failure to conduct necessary tests or diagnose an illness in a timely manner to ensure medical treatment, you should speak with a skilled Syracuse medical malpractice attorney regarding whether you may be able to recover damages for your harm.

The Decedent’s Treatment and Subsequent Death

Allegedly, the plaintiff’s decedent was a resident in a nursing home owned by the defendant for approximately fifteen months prior to her death in January 2012. The decedent suffered from several chronic health conditions, but her immediate cause of death was indicated as cardiopulmonary arrest caused by heart disease and atherosclerosis. Following an autopsy, the decedent’s final cause of death was determined to be aspiration pneumonia. The plaintiff then filed a lawsuit against the defendant alleging, in part, medical malpractice. Specifically, the plaintiff alleged that the defendant committed malpractice by failing to diagnose the decedent’s dysphagia, and failing to prevent or treat the decedent’s aspiration pneumonia. The defendant filed a motion for summary judgment which the trial court granted. The plaintiff subsequently appealed.

New York Court Dismisses Medical Malpractice Case for Plaintiff’s Failure to Participate in Discovery

Published on: March 12, 2019 | By DeFrancisco & Falgiatano

In medical malpractice cases, a plaintiff’s right to recover damages depends on both the factual evidence in support of his or her claim and whether he or she complies with the procedural requirements set forth under the law. Even if a plaintiff has clear evidence of malpractice, he or she may be precluded from recovering from the defendant if he or she refuses to comply with the obligations imposed by the law.

This was evidenced in a recent case in which the appellate division of the Supreme Court of New York affirmed the dismissal of the plaintiff’s case due to a willful refusal to participate in discovery. If you or a loved one suffered damages due to medical treatment that fell below the standard of care, you should speak with a knowledgeable Syracuse medical malpractice attorney as soon as possible to analyze the circumstances that brought about your harm and your options for pursuing compensation.

Facts Regarding the Decedent’s Treatment

Reportedly, in 2007, the plaintiff took her grandson to the emergency department of the defendant hospital for treatment. The child was examined and discharged that day. He passed away at home five days after his visit to the defendant hospital. The plaintiff filed a medical malpractice lawsuit against the defendant hospital in 2009. Subsequently, in 2015, the defendant filed a demand for the plaintiff to prosecute the case, pursuant to the New York statute imposing penalties for the failure to disclose information. The plaintiff then filed a motion for an extension of time to file a note of issue. The court granted the motion but ordered the plaintiff to appear for a deposition on or before May 27, 2016. The plaintiff failed to appear for a deposition, and in July 2016 the defendant filed a motion to dismiss the plaintiff’s complaint. The court granted the motion, after which the plaintiff appealed.

Court Holds Continuing to Treat Despite Cognitive Decline May Constitute Medical Malpractice in New York Case

Published on: March 1, 2019 | By DeFrancisco & Falgiatano

Negligent medical care is not limited to missed diagnoses or negligently performed surgeries but can present in a variety of ways. At the heart of each medical malpractice claim, however, is the allegation that the defendant medical care provider departed from the accepted standard of care.

Recently, a New York court addressed the novel issue of whether a defendant doctor deviated from the accepted standard of care by continuing to practice medicine despite his cognitive decline. If you sustained injuries due to inadequate or inappropriate medical care, you should consult a seasoned Syracuse medical malpractice attorney to discuss the facts of your case and whether you may be able to pursue damages.

The Defendant’s Treatment of Plaintiff

Allegedly, the plaintiff, who is intellectually disabled, visited the defendant doctor to obtain results of blood and urine tests. While the plaintiff was in the examining room, the defendant doctor exposed himself and committed a sexual act in front of the plaintiff. The plaintiff subsequently filed a lawsuit against the defendant doctor and his practice alleging, among other claims, medical malpractice. Following a trial, a jury found that the defendant doctor departed from the accepted standard of care due to the fact that he continued to practice medicine despite his cognitive disability. The defendant doctor appealed, arguing that his actions did not constitute “medical treatment” because they were not related to the essential elements of diagnosis and treatment.

New York Court Rules the Failure to Provide an Expert Affirmation is Fatal to a Plaintiff’s Medical Malpractice Claim

Published on: February 28, 2019 | By DeFrancisco & Falgiatano

In the vast majority of medical malpractice cases, a plaintiff will need an expert to prove that the treatment provided by the defendant deviated from the standard of care. It is especially important to provide an expert affirmation in cases where the defendant has retained an expert.

When a plaintiff does not retain an expert it can result in the dismissal of the case, as illustrated in a recent case decided by The Supreme Court of New York, Appellate Division. If you suffered harm due to negligent medical care, it is essential to retain a capable Syracuse medical malpractice attorney who will work diligently to help you develop a strong case in favor of your recovery, and will retain an expert if it is necessary.

Factual and Procedural Background

Reportedly, the plaintiff treated the defendant for an ear infection. She subsequently filed a medical malpractice lawsuit against the defendant, alleging that the defendant’s improper instructions regarding prescription administration and an inappropriate prescription caused her to suffer hearing loss, tinnitus, and perforation of the tympanic membrane. The defendant filed a motion for summary judgment, which the court granted. The plaintiff then filed a motion for leave to amend her opposition to the defendant’s motion, which the court denied. The plaintiff appealed.

New York Court Finds Failure to Substitute Constitutes a Failure to Prosecute a Medical Malpractice Case

Published on: February 25, 2019 | By DeFrancisco & Falgiatano

If a person dies due to inadequate medical care, the person’s loved ones may still be able to pursue a claim against the negligent medical providers. There are certain procedural requirements that must be complied with in pursuing a medical malpractice claim following the death of a loved one, and the claim must be pursued in a timely manner.

Recently, a case ruled on by a New York court illustrated the dangers of failing to pursue a claim, as the plaintiffs lost the right to pursue damages due to a delay in substituting the appropriate party. If you or a loved one suffered damages due to inadequate medical care, it is essential to retain a trusted Syracuse medical malpractice attorney as soon as possible to avoid waiving your right to recover.

Procedural Background

Allegedly, the plaintiff sued the defendant nursing and rehabilitation center for medical malpractice and violations of the Public Health Law arising out of nursing home negligence that occurred in 2013. The plaintiff’s decedent died on September 30, 2013. The plaintiff did not institute her lawsuit until April 6, 2018, which was two years after the passing of the applicable statute of limitations. The defendant filed a motion to dismiss the action as untimely.

New York Court Discusses Standards for Evaluating the Sufficiency of a Medical Malpractice Expert Report

Published on: February 19, 2019 | By DeFrancisco & Falgiatano

In many cases, a medical malpractice claim is only a strong as the plaintiff’s expert report. If a plaintiff’s expert cannot adequately prove that a doctor breached the standard of care, it can result in a dismissal of the plaintiff’s claim, and, therefore, results in a loss of the plaintiff’s right to recover damages.

The Appellate Division of the Supreme Court of New recently discussed the standards for evaluating the sufficiency of a plaintiff’s expert report, in a case in which the court found the plaintiff’s expert failed to show a breach of the standard of care and dismissed the plaintiff’s case. If you sustained damages due to a doctor’s failure to treat you in an appropriate manner, it is important to retain a skillful Syracuse medical malpractice attorney who will assist you in obtaining an expert that can help you show your doctor should be liable for your harm.

Facts Regarding the Plaintiff’s Treatment

Reportedly, the plaintiff was treated by the defendant, an ophthalmologist, due to pain in his right eye, trouble focusing, and a drooped eyelid. The defendant examined the plaintiff and assessed the plaintiff as suffering from glaucoma. He advised the plaintiff to return in six months, or sooner if his symptoms worsened. Six months after his treatment with the defendant, the plaintiff was diagnosed with a meningioma, a benign brain tumor, and underwent surgery. The plaintiff subsequently filed a medical malpractice claim against the defendant for failing to properly diagnose the plaintiff or recommend further testing. Following the completion of discovery, the defendant filed a motion for summary judgment, which the court granted. Plaintiff appealed.

New York Court Discusses Sufficiency of Evidence in Medical Malpractice Cases

Published on: February 12, 2019 | By DeFrancisco & Falgiatano

If a medical malpractice case proceeds to trial, whether a not the jury finds in favor of the plaintiff largely hinges on the testimony and evidence offered by each party. Generally, a jury is free to credit or discredit the evidence presented and a jury’s verdict will not be disturbed unless it is clear the verdict could not have been reached through a fair interpretation of the facts of the case.

The Appellate Division of the Supreme Court of New York recently explained the standard for evaluating a jury’s verdict in a medical malpractice case, in a case where the jury found in favor of the defendant. If you suffered damages due to incompetent medical treatment, you should consult a knowledgeable Syracuse medical malpractice attorney to discuss the circumstances surrounding your treatment and whether you may be able to recover damages for your harm.

The Plaintiff’s Treatment and Subsequent Lawsuit

Allegedly, the defendant performed a procedure on the plaintiff, which was intended to prevent her from becoming pregnant. During the procedure the defendant placing a coil into each of the plaintiff’s fallopian tubes, which caused inflammation and the closure of the tubes. The tubes placed during the procedure contain nickel. The defendant did not test the plaintiff for a nickel allergy before or after the procedure. The plaintiff subsequently tested positive for a nickel allergy. She then filed a medical malpractice case against the defendant. The case was tried in front of a jury and the jury found in favor of the defendant. The plaintiff filed a motion to set aside the verdict as against the weight of the evidence. The trial court denied the order, after which the plaintiff appealed.

Court Rules a Nurse Was Qualified to Offer Expert Testimony in New York Medical Malpractice Case

Published on: February 5, 2019 | By DeFrancisco & Falgiatano

In almost all medical malpractice cases both the plaintiff and the defendant will need to engage experts to prove their claims. Just as medical malpractice cases are not limited to claims against doctors, the experts in medical malpractice cases are not required to be doctors. Rather, any medical care provider qualified to offer an opinion on the disputed issue can be an expert.

This was illustrated in a case heard by a New York appellate court, in which the court affirmed that a nurse’s expert testimony was properly admitted. If you suffered harm due to inadequate medical care, you should meet with a skilled Syracuse medical malpractice attorney as soon as possible to discuss the facts of your case and your options for seeking compensation from the parties responsible for your harm.

Facts Regarding the Decedent’s Care

It is alleged that the decedent was admitted to the defendant hospital and diagnosed with cancer. For the next two months, he was treated as an inpatient, with the exception of ten days when he was discharged to his home. He ultimately died of cancer, after which his wife filed a lawsuit against the defendant hospital, alleging malpractice due to the hospital’s failure to properly prevent and treat the decedent’s pressure ulcers while he was admitted at the hospital. The case proceeded to trial, after which a jury found in favor of the plaintiff, awarding her $500,000 for the defendant’s conscious pain and suffering prior to his death. The defendant moved to set aside the verdict or for a new trial, which the trial court denied. The defendant then appealed.