Healthcare providers have a responsibility to diagnose and address potentially life-threatening conditions. Some doctors ignore or misinterpret their patients’ symptoms, which can lead to critical health concerns going undiagnosed. Sadly, such oversights can be fatal and often constitute medical malpractice. While a doctor accused of such errors will often attempt to avoid liability, if a plaintiff presents expert evidence demonstrating the doctor’s fault, the plaintiff’s claims will likely proceed, as discussed in a recent New York ruling. If you lost a loved one due to inadequate medical care, it is important to understand your rights, and you should talk to a Rochester medical malpractice attorney.
History of the Case
It is alleged that the plaintiff’s decedent sought medical care on multiple occasions between August and December of 2015, presenting with shortness of breath, chest pain, and other concerning symptoms. The decedent reportedly visited her primary care physician, a nurse practitioner, and a pulmonologist within the same medical network. Despite the recurring nature of her symptoms and her history of hospital visits, the healthcare providers diagnosed the decedent with conditions including asthma, bronchitis, and morbid obesity without performing diagnostic tests to rule out deep vein thrombosis (DVT) or pulmonary embolism (PE).
Reportedly, on December 9, 2015, the decedent tragically died due to DVT and PE. The plaintiff, acting as the administrator of the decedent’s estate, filed a medical malpractice and wrongful death lawsuit against the involved healthcare providers and their medical group. The plaintiff alleged that the defendants failed to properly diagnose and treat the decedent’s condition, leading to her untimely death.
It is reported that the defendants moved for summary judgment, asserting that they met the standard of care and that the decedent’s injuries and death were not caused by any failure on their part. The trial court granted the motions, dismissing the claims. The plaintiff then appealed.
Conflicting Expert Opinions in Medical Malpractice Case
The court evaluated the defendants’ summary judgment motions under the principles of medical malpractice law. To succeed on a summary judgment motion, a defendant must demonstrate either that there was no deviation from the accepted standard of care or that any alleged deviation did not proximately cause the plaintiff’s injuries.
In this case, the defendants presented expert affirmations asserting that their diagnoses and treatment were appropriate given the decedent’s symptoms and history. Specifically, the experts argued that the decedent’s presentation did not warrant further diagnostic testing for DVT or PE because she lacked specific risk factors, such as leg swelling or pain, and her symptoms improved with asthma medications.
The court found that while the defendants satisfied their initial burden of proof, the plaintiff successfully raised triable issues of fact through the affirmation of their medical expert. The plaintiff’s expert, board-certified in internal medicine and pulmonary care, opined that the decedent’s chronic DVT was evident during her visits and that the defendants’ failure to order diagnostic imaging or initiate treatment constituted departures from the standard of care. The expert further asserted that these failures allowed the DVT to progress to a fatal PE, which could have been prevented with timely intervention.
The court emphasized that summary judgment is inappropriate in medical malpractice cases involving conflicting expert opinions. Additionally, the court rejected the trial court’s determination that the plaintiff’s expert opinion was speculative, noting that the expert’s conclusions were well-supported by the medical records and aligned with the decedent’s documented symptoms. As such, the court reversed the trial court’s decision, reinstating the claims against the defendants.
Speak to a Knowledgeable Rochester Medical Malpractice Attorney
If you or a family member has been harmed by a healthcare provider’s failure to diagnose or treat a serious condition, you may have grounds for a medical malpractice claim, and it is wise to talk to an attorney. The knowledgeable Rochester medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your rights and help you to seek justice. You can reach us via our online form or call 833-200-2000 to schedule a free and confidential meeting.