Rochester Medical Malpractice and Personal Injury Lawyer Blog

New York Court Examines the Right to Amend Medical Malpractice Complaints

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

Medical professionals are held to rigorous standards to ensure patient safety, and when these standards are not met, the consequences can be severe. For example, the failure to diagnose serious conditions often results in prolonged suffering and may be grounds for pursuing medical malpractice claims and other actions. As demonstrated in a recent decision by a New York court, all claims arising from improper medical care must be asserted in a timely manner because if they are not, they may be waived. If you believe you have suffered due to a misdiagnosis or improper treatment, it is vital to consult a Rochester medical malpractice attorney to discuss your rights.

Case Setting

It is alleged that the plaintiff sought treatment from the defendant healthcare providers for a lesion on his neck. Over the course of approximately 15 visits, the plaintiff was treated by a registered physician’s assistant who, the plaintiff claims, misrepresented himself as a doctor. It is reported that the physician’s assistant repeatedly failed to identify, biopsy, or remove the lesion despite the plaintiff’s ongoing complaints. The plaintiff further alleged that the supervising physicians, who were also named defendants, never personally examined him during his treatment.

New York Court Discusses Summary Judgment in Medical Malpractice Cases

Published on: December 5, 2024 | By DeFrancisco & Falgiatano

When medical providers fail to meet the standard of care during childbirth, the consequences can be life-altering for both the child and their family. Birth injuries caused by medical negligence often require lifelong care, significant medical expenses, and emotional hardship. A recent case filed in New York highlights the legal complexities surrounding claims for medical malpractice and the burden of proof required to establish liability. If your child suffered an injury during delivery, you may have a claim for compensation, and it is critical to consult a skilled Rochester birth injury attorney.

Background of the Case

It is alleged that the plaintiffs sought prenatal care and delivery assistance for their infant in June 2020 at a hospital. The plaintiff mother was admitted to the hospital due to contractions, where the attending physician was on call. During the delivery process, the attending physician encountered complications, specifically shoulder dystocia, a condition where the infant’s shoulder becomes impacted, delaying birth.

It is reported that after multiple attempts to dislodge the baby’s shoulder, the attending physician called for assistance. A second physician responded to the call. The plaintiffs testified that the attending physician and the assisting physician used significant force during the delivery, which resulted in the infant suffering from Erb’s palsy—a nerve injury causing weakness and immobility in the arm. The plaintiffs further claimed that the assisting physician did not identify himself and failed to document his involvement in the delivery. Continue Reading ›

New York Court Dismisses Medical Malpractice Case for Lack of Jurisdiction

Published on: November 9, 2024 | By DeFrancisco & Falgiatano

Most medical malpractice claims fall under state law, but federal jurisdiction may arise in certain circumstances. In other words, if you suffered harm due to the negligence of a medical professional in a federal or correctional facility, you may need to navigate both state and federal legal frameworks. As demonstrated in a recent New York case, federal courts sometimes dismiss claims to allow plaintiffs to pursue remedies under state law. If you suffered losses due to medical malpractice, it is wise to speak with a Rochester medical malpractice lawyer about your options to ensure that you do not waive your right to pursue damages.

History of the Case

It is alleged that the plaintiff brought a pro se action under 42 U.S.C. § 1983, alleging medical malpractice and negligence claims against several medical professionals. The plaintiff asserted that during a surgery performed at a hospital to correct a fractured jaw, a nerve was mistakenly severed, causing severe and ongoing pain, numbness, and speech impairment. The plaintiff further alleged that the defendants, including doctors and hospital administrators, negligently discharged him despite his ongoing medical issues. He sought $250,000 in damages.

Reportedly, the federal court granted the plaintiff’s request to proceed in forma pauperis but, upon review, dismissed the case for failure to state a claim. The court provided the plaintiff leave to amend his complaint to address deficiencies, including the failure to allege deliberate indifference to medical needs as required under § 1983. The court also declined to exercise supplemental jurisdiction over the state law claims, citing the dismissal of the federal claims as its basis. Continue Reading ›

New York Court Reinstates Medical Malpractice Claim Arising Out of Delayed Stroke Diagnosis

Published on: November 4, 2024 | By DeFrancisco & Falgiatano

The validity of medical malpractice claims often hinges on whether the delay in diagnosis or treatment worsened a patient’s condition. This was demonstrated in a recent New York case, in which the court reversed the trial court’s decision, finding that the plaintiff raised sufficient issues of fact regarding whether a hospital’s delay in diagnosing and treating a stroke constituted medical malpractice. If you or a loved one suffered harm due to medical negligence, consulting with a knowledgeable Rochester medical malpractice attorney is essential to protect your rights.

Factual and Procedural Background

It is alleged that the plaintiff, serving as the administrator of the decedent’s estate, brought a medical malpractice action against a New York hospital. The decedent reportedly presented at the hospital with stroke symptoms, but hospital personnel failed to diagnose or treat the stroke in a timely manner. Allegedly, a CT scan of the decedent’s brain performed on the day of admission revealed an infarct, which the hospital’s radiologist failed to identify. The decedent ultimately suffered severe injuries and later passed away.

The hospital moved for summary judgment, asserting that it adhered to the standard of care and that any alleged deviations did not proximately cause the decedent’s injuries. The trial court granted the hospital’s motion, dismissing the complaint. The plaintiff appealed, contending that issues of fact existed regarding whether the hospital’s actions constituted malpractice and whether the delay in diagnosis and treatment worsened the decedent’s condition. Continue Reading ›

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 ›