Rochester Medical Malpractice and Personal Injury Lawyer Blog
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.
It is reported that the lesion was ultimately diagnosed as cancerous, and the delay in proper diagnosis resulted in significant harm to the plaintiff. The plaintiff then filed a medical malpractice action, asserting that the defendants’ failure to supervise and their improper treatment constituted negligence. Subsequently, the plaintiff sought to amend the complaint to include causes of action for fraud under General Business Law § 349 and common-law fraud, arguing that the defendants made false or misleading representations that contributed to his injuries. The court denied the plaintiff’s motion and he appealed.
Amending Medical Malpractice Complaints
The court reviewed the plaintiff’s motions to amend the complaint to add claims for fraud under General Business Law § 349 and common-law fraud. Under New York law, amendments to complaints are permitted when they are not time-barred, legally sufficient, or prejudicial to the opposing party. The court upheld the trial court’s denial of the plaintiff’s motions to amend, finding several legal deficiencies.
Regarding the claim under General Business Law § 349, the court determined that it was barred by the three-year statute of limitations. The court emphasized that even if the claim were timely, it would fail as a matter of law because the plaintiff did not adequately allege how any misleading statements, such as internet postings regarding professional memberships, directly caused his injury. The court reasoned that a reasonable consumer would not infer from these statements that a physician’s assistant would be permitted to treat patients unsupervised.
On the issue of common-law fraud, the court found that the plaintiff’s allegations were duplicative of his medical malpractice claims. Specifically, the plaintiff’s fraud allegations centered on the same facts underlying his malpractice claim—the failure to supervise and the resulting harm. Under New York law, fraud claims that merely restate allegations of medical negligence are not independently actionable. The court also noted that allowing the amendment would prejudice the defendants, as the plaintiff sought to add these claims nearly five years after the action commenced without a sufficient explanation for the delay.
Finally, the court denied the plaintiff’s motion for leave to renew, as the additional deposition testimony and progress notes presented did not constitute new evidence that would have altered the court’s prior decision. The court concluded that the plaintiff’s remaining arguments were without merit and affirmed the trial court’s rulings.
Speak with a Seasoned Rochester Medical Malpractice Attorney Today
If you or a loved one suffered due to a medical provider’s failure to diagnose an illness or condition or improper treatment, you may be entitled to compensation for your injuries. The seasoned Rochester medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers are dedicated to helping victims hold negligent providers accountable and can help you seek any damages you may be owed. Contact us today at 833-200-2000 or visit our website to schedule a consultation.
