Rochester Medical Malpractice and Personal Injury Lawyer Blog
It is not uncommon for a plaintiff in a medical malpractice case to allege that both the doctor that provided his or her treatment and the hospital where the treatment was rendered are liable for any harm caused by the treatment. There are numerous factual disputes that can arise in any medical malpractice case, and cases with more than one defendant are typically more complicated than cases with a single defendant. Recently, a New York appellate court discussed the standards for precluded summary judgment in a medical malpractice case involving multiple defendants. If you sustained injuries due to the medical malpractice of a doctor and hospital you should speak with a skilled Rochester hospital malpractice attorney to discuss your case and what evidence you may need to hold both the doctor who treated you and the hospital in which you were treated liable for your harm.
Facts Regarding the Decedent’s Harm
Reportedly, the plaintiff’s decedent was injured in a car accident, after which he was transported to a hospital. He was then discharged to the defendant medical center for rehabilitation. The decedent ultimately died from deep venous thrombosis and a pulmonary embolism. Following his death, the plaintiff sued the defendant medical center, alleging its negligence caused the decedent’s death.
It is alleged that the defendant medical center subsequently filed a third-party complaint against the defendant hospital who contracted with the medical center to provide doctors to administer care and the defendant doctor who treated the decedent while he was at the defendant medical center. The defendant doctor and defendant hospital filed motions for summary judgment, which the trial court granted. The plaintiff and defendant medical center subsequently appealed.
Prima Facie Showing of No Malpractice in Cases Involving Multiple Defendants
On appeal, the appellate court reversed the trial court ruling. The court noted that the defendant doctor’s expert affidavit was based on a disputed issue of fact. Specifically, it relied upon the defendant doctor’s position that he was never informed that the defendant was dizzy and non-responsive following therapy. Thus, the court found that the defendant doctor failed to make a prima facie showing that he did not commit negligence.
Similarly, the court found that the defendant hospital failed to make a prima facie showing that it was not liable for the defendant doctor’s negligence. The court explained that the defendant hospital failed to show that the defendant doctor was an independent contractor and not an employee. The defendant hospital did not submit its contract with the defendant doctor. Further, the defendant hospital was responsible for the defendant doctor’s employment benefits. Thus, the court reversed the trial court’s order granting summary judgment to both defendants.
Meet with a Skilled Hospital Malpractice Attorney to Discuss Your Case
If you suffered harm due to inadequate care that was provided to you in a hospital or other treatment facility you should meet with a skilled Rochester hospital malpractice attorney as soon as possible to discuss your case and to determine the parties that may be responsible for your harm. The seasoned hospital malpractice attorneys of DeFrancisco & Falgiatano, LLP Personal Injury Lawyers will work diligently to help you pursue a successful legal outcome under the facts of your case. You can reach us at 833-200-2000 or via our online form to set up a confidential and free consultation.
