Rochester Medical Malpractice and Personal Injury Lawyer Blog

New York Court Discusses Grounds for Dismissal of Informed Consent Claims

Published on: October 14, 2024 | By DeFrancisco & Falgiatano

Most surgical procedures involve some degree of risk, and the potential for harm can be elevated if the patient suffers from underlying health conditions. As such, it is a doctor’s duty to advise a patient of the possible adverse outcomes of a procedure before proceeding. If a physician fails to do so, it can lead to fatal complications. As discussed in a recent New York ruling, however, not all injuries that arise following a procedure are the result of negligence. If you were harmed by a physician’s failure to obtain your informed consent, it is advisable to speak to a Rochester medical malpractice attorney as soon as possible.

History of the Case

It is alleged that in October 2013, the decedent, who had a significant history of alcohol abuse, sought treatment from the defendant ophthalmologist due to vision issues. The ophthalmologist diagnosed cataracts in both eyes and recommended two separate surgeries for their removal. However, the ophthalmologist required the decedent to obtain medical clearance before proceeding. The decedent visited his primary care physician, who discovered that he suffered from atrial fibrillation and referred him to the defendant cardiologist for further evaluation. The cardiologist prescribed medications, including Metoprolol and aspirin, but did not prescribe anticoagulation medication due to the decedent’s alcohol abuse and medically cleared the decedent for surgery.

New York Court Addresses Sanctions for Incomplete Medical Malpractice Discovery

Published on: October 7, 2024 | By DeFrancisco & Falgiatano

Discovery is a crucial component of medical malpractice litigation, as it allows parties to gain information in support of their claims and defenses. As such, if a party refuses to respond to their opponent’s discovery requests, they may face sanctions. In only the most extreme cases should inadequate discovery responses result in the dismissal of a claim, however, as discussed in a recent New York ruling. If you were injured or lost a loved one due to incompetent care, you may be owed damages, and it is in your best interest to talk to a Rochester medical malpractice attorney about your options.

Factual and Procedural Background

It is reported that the plaintiff, as the administrator of the estate of the decedent, initiated an action in August 2010 to recover damages for medical malpractice and wrongful death. The plaintiff alleged that the defendants’ negligence led to the decedent’s death from an undiagnosed cardiac condition. The defendants later moved, among other things, to strike the complaint, arguing failure to comply with discovery demands. The trial court granted that branch of the defendants’ motion. However, upon a prior appeal, the appellate court reversed that order and remitted the case to the trial court for further proceedings.

It is alleged that the appellate court found that the record was insufficient to assess whether the plaintiff adequately complied with the discovery demands. Following the remittal, the trial court appointed a referee to examine the circumstances regarding the discovery responses, and in September 2020, the referee found that the plaintiff’s responses were not complete as of August 2016. Consequently, the trial court again granted the defendants’ motion to strike the complaint. The plaintiff appealed this decision. Continue Reading ›

New York Court Assess Expert Testimony in Medical Malpractice Cases

Published on: September 11, 2024 | By DeFrancisco & Falgiatano

Expert testimony is a key component in New York medical malpractice cases. Specifically, it is generally necessary to establish the standard of care and the manners in which the defendant diverged from the standard. As discussed in a recent New York opinion issued in a medical malpractice case, if a plaintiff fails to submit an expert report adequate to demonstrate such departures, their claim may be dismissed. If you were hurt by insufficient medical care, it is wise to confer with a Rochester medical malpractice attorney as soon as possible.

Case Setting

It is reported that the decedent had a history of hypertension, diabetes, and other conditions and was under the care of his primary physician since 2007. In April 2014, the decedent treated with the primary care physician for complaints of headache and sinus pain; the physician diagnosed him with a sinus infection. Following the visit to the primary physician, the decedent collapsed at home, and after being taken to the hospital, he was diagnosed with an intracerebral brain hemorrhage. Despite being transferred to another hospital, the decedent later passed away.

Allegedly, the plaintiffs brought a medical malpractice and wrongful death claim against three defendants: the decedent’s primary care physician, his medical practice, and a hospital. The plaintiffs asserted that the physician misdiagnosed the decedent, treating him for a sinus infection rather than a precursor to a brain hemorrhage, which resulted in the decedent’s subsequent death. The plaintiffs argued that the hospital also negligently delayed diagnosing the brain hemorrhage, which worsened the decedent’s condition. The decedent had complained of headaches and sinus pain but denied other serious symptoms. The defendants moved for summary judgment, arguing that the treatment provided met the standard of care and that there were no indications warranting a referral for a CT scan or further neurological assessment. The trial court denied these motions, prompting the defendants to appeal. Continue Reading ›

Court Addresses Settlements in New York Medical Malpractice Cases Involving Children

Published on: September 6, 2024 | By DeFrancisco & Falgiatano

While some medical malpractice cases involve issues that can only be resolved by a jury, many settle before they reach the trial stage. In cases involving adult plaintiffs, the parties are generally free to define the terms of their settlement agreements without court intervention. In cases involving minors, though, the court must approve settlements, in part to ensure that they are in the children’s best interests. In a recent New York opinion, the court discussed the factors considered in determining whether to approve a settlement. If your child suffered harm due to the carelessness of a healthcare provider, it is smart to talk to a Rochester medical malpractice attorney about what claims you may be able to pursue.

Factual and Procedural History

It is alleged that the plaintiff, acting as the legal guardian for her minor child, brought a claim under the Federal Tort Claims Act (FTCA) against the United States. The case stemmed from a 2018 injury in which the child, then 11 years old, sustained a laceration on her finger from opening a metal can. After receiving stitches at a hospital, the child was later seen by a doctor employed by the United States Department of Health and Human Services, who removed the stitches but did not conduct further examinations.

It is reported that months later, the child continued to experience issues with her finger, leading to a delayed diagnosis of torn tendons, requiring two surgeries. The plaintiff alleged that the doctor’s failure to properly diagnose the injury contributed to the child’s prolonged pain and limited mobility in her finger. Following discovery and settlement discussions facilitated by the court, the parties agreed to settle the claim for $50,000, including costs and attorney’s fees. The plaintiff then moved for court approval of the proposed settlement. Continue Reading ›

New York Court Discuses Triable Issues of Fact in Medical Malpractice Cases

Published on: August 13, 2024 | By DeFrancisco & Falgiatano

Certain health issues, like strokes, require prompt diagnosis and treatment, as any delays can lead to irreparable harm. Such delays may be grounds for pursuing medical malpractice claims, but if the injured party cannot produce adequate facts in support of their position, their claims may be dismissed, as demonstrated in a recent New York case. If you were injured by negligent medical care, you may be able to pursue claims against the providers that caused you harm, and it is wise to confer with a Rochester medical malpractice attorney.

History of the Case

It is alleged that the decedent sought treatment at the defendant hospital’s emergency department in January 2016, where it was determined that he had suffered a stroke. The decedent initiated a medical malpractice lawsuit against several physicians and medical entities involved in his care, alleging that they failed to timely diagnose the stroke, conduct appropriate diagnostic tests, and administer necessary treatments, including tissue-type plasminogen activator (tPA) and surgical clot retrieval.

Reportedly, the decedent passed away after the lawsuit began, and the plaintiff, as the administrator of the decedent’s estate, continued the case. The defendants moved for summary judgment to dismiss the claims, arguing that they did not deviate from the standard of care or, alternatively, that any deviation was not the proximate cause of the decedent’s injuries. The trial court granted the motion, and the plaintiff appealed. Continue Reading ›

New York Court Discusses Establishing a Claim for Lack of Informed Consent

Published on: August 6, 2024 | By DeFrancisco & Falgiatano

In the medical setting, treatment providers are required to advise patients of the risks and benefits of a treatment before offering it; if they fail to do so, they may be subject to a lack of informed consent claim. There are exceptions to the general rule, however, as discussed in a recent New York ruling. If you suffered losses due to a doctor’s failure to obtain your informed consent, you may be owed damages, and you should talk to a Rochester medical malpractice attorney as soon as possible.

Case Background

It is reported that the decedent’s estate filed a medical malpractice lawsuit arising from the defendants’ treatment of the decedent in December 2017. Specifically, the decedent was treated by the defendant primary care physician at the defendant medical facility after experiencing severe health complications. He followed up with the defendant primary care physician after he was discharged from the facility and was later transferred to a second hospital, where he ultimately succumbed to his illness.

Allegedly, the plaintiff filed a lawsuit, alleging that the defendants, including doctors, medical personnel, and related entities, failed to abide by the applicable standard of care, leading to the decedent’s death. The complaint set forth claims of negligence, wrongful death, and lack of informed consent. The defendants filed motions for summary judgment, seeking to dismiss the claims against them. Continue Reading ›

New York Court Discusses Motions for Summary Judgment in Medical Malpractice Cases

Published on: July 19, 2024 | By DeFrancisco & Falgiatano

Healthcare providers who recklessly cause their patients harm are often reluctant to concede their liability. Additionally, in some cases, they may go so far as to attempt to dismiss the plaintiff’s claims prior to trial. If the evidence demonstrates a disputed issue of fact, though, the plaintiff should be able to pursue their claims, as demonstrated in a recent New York ruling. If you sustained injuries because of inadequate medical care, it is smart to meet with a Rochester medical malpractice attorney regarding your options.

Facts of the Case and Procedural History

It it reported that the plaintiff, who was admitted to the defendant hospital on July 1, 2012, one week past her due date. Various medical interventions were employed to induce labor, including the use of Cervidil, a Cook’s cervical balloon, and Pitocin. Throughout the labor process, the plaintiff experienced complications, including recurrent decelerations in the fetal heart rate. Despite repeated requests for a Cesarean section, the defendant doctor attempted a vacuum extraction, which was unsuccessful. An emergency C-section was eventually performed, but the child was born in serious condition, requiring resuscitation and intensive care. The child died eight days later due to perinatal anoxic/ischemic encephalopathy.

Allegedly, the plaintiff filed a lawsuit individually and as the administrator of her child’s estate, asserting claims for medical malpractice and lack of informed consent. The trial court denied the defendant hospital’s motion for summary judgment and denied the defendant doctor’s motion for partial summary judgment regarding the lack of informed consent claim. The defendants appealed. Continue Reading ›

New York Court Discusses Grounds for Setting Aside a Medical Malpractice Verdict

Published on: July 14, 2024 | By DeFrancisco & Falgiatano

Healthcare providers who recklessly cause their patients harm are often reluctant to concede their liability. Additionally, in some cases, they may go so far as to attempt to overturn a jury’s verdict, deeming them liable. If a jury’s verdict is reasonable upon consideration of the evidence, though, it should be upheld, as demonstrated in a recent New York ruling. If you sustained injuries because of inadequate medical care, it is smart to meet with a Rochester medical malpractice attorney regarding your options.

Facts of the Case and Procedural History

It is reported that the plaintiff filed a medical malpractice and wrongful death lawsuit against the defendant, a physician, alleging that his treatment of the decedent, who died by suicide, was substandard. The decedent had been under the defendant’s care in the days and weeks leading up to his death, including an office visit just hours before. A jury found that the defendant had deviated from the standard of care and had failed to send the decedent to the emergency room the day before his death, which were substantial factors in causing the decedent’s death.

Allegedly, the jury awarded the plaintiff damages totaling approximately $10,000. The defendant then moved to set aside the verdict, arguing that there was insufficient evidence to support the findings on the standard of care and proximate cause, and alternatively requested a new trial on liability and damages. The trial court granted the defendant’s motion to set aside the verdict on the issue of proximate cause, dismissing the complaint against him. The court did not address the remaining branches of the defendant’s motion due to this dismissal, and judgment was entered in favor of the defendant. The plaintiff appealed. Continue Reading ›

New York Court Discusses Grounds for Reversing Verdicts in Medical Malpractice Cases

Published on: June 24, 2024 | By DeFrancisco & Falgiatano

People pursuing compensation for harm caused by incompetent medical care will often ask a jury to determine issues such as fault and damages. If a jury rules against a plaintiff, the plaintiff can appeal if they believe that the jury’s verdict does not comport with the evidence. Establishing that a jury’s verdict should be reversed can be challenging, though, as illustrated in a recent New York case. If you were hurt by the carelessness of a doctor, you may be able to recover damages in a medical malpractice case, and you should talk to a Rochester medical malpractice attorney.

Factual Background and Procedural History

It is alleged that the decedent was diagnosed with melanoma following a biopsy of a lesion on her right thigh conducted in February 2015 by the defendant, a dermatologist. The decedent passed away in September 2016. The plaintiff, acting individually and as the administrator of the decedent’s estate, initiated a lawsuit seeking damages for medical malpractice and wrongful death. A trial ensued, and the jury concluded that the defendant did not deviate from accepted standards of medical care.

It is reported that post-trial, the plaintiff sought to amend the pleadings to conform to the evidence presented at trial, but the trial court denied this motion. Subsequently, the court clerk issued a judgment based on the jury’s verdict in favor of the defendants, resulting in the dismissal of the plaintiff’s amended complaint. The plaintiff appealed both the order and the judgment. Continue Reading ›

New York Court Discusses Summary Judgment in Medical Malpractice Cases

Published on: June 18, 2024 | By DeFrancisco & Falgiatano

People who visit hospitals for critical conditions will often be cared for by multiple doctors. As such, if the care they receive is inadequate and they subsequently suffer harm, they may be able to pursue claims against everyone involved in their care. While it is not uncommon for numerous defendants to deny liability, they will most likely not be able to obtain judgment in their favor prior to trial unless they present clear and unrefuted evidence that they did not cause the plaintiff harm, as demonstrated in a recent New York opinion. If you suffered losses due to medical negligence, it is advisable to speak with a Rochester medical malpractice attorney about your possible claims.

Case Setting

It is alleged that the defendants treated the decedent in July and August of 2013. The plaintiff, acting as the administrator of the decedent’s estate, subsequently initiated a medical malpractice lawsuit against the defendant doctors and hospital in May 2016. Initially, the defendants moved to dismiss the claims as time-barred, which the court granted. The plaintiff appealed; while the appeal was pending, the defendants also sought summary judgment on the merits, which the court granted, dismissing the entire action.

It is reported that the court later reversed the dismissal, ruling that the statute of limitations was tolled due to the decedent’s death in August 2015. The defendants subsequently renewed their summary judgment motions, which were denied in May 2023, pending further discovery. Following additional depositions, the defendants again moved for summary judgment. Continue Reading ›