Patients who seek medical care for concerning symptoms generally expect that they will be properly evaluated and diagnosed in a timely manner. Unfortunately, though, medical professionals often fail to recognize critical signs of severe conditions, resulting in life-altering injuries. Such carelessness often constitutes medical malpractice, as discussed in a recent New York case, which explained the legal standards applicable to medical malpractice claims. If you sustained losses due to a misdiagnosis or delayed diagnosis, you should meet with a Rochester medical malpractice lawyer to evaluate your possible claims.
Background of the Case
It is alleged that a minor patient presented at the defendant hospital’s emergency department with complaints of severe bilateral eye pain, blurred vision, and eye redness, which had worsened over several weeks. Reportedly, the patient had previously been diagnosed with conjunctivitis and was receiving treatment with eye drops. However, her vision had deteriorated significantly to the point where she was walking into walls. Emergency department staff noted the severity of her condition and the presence of drainage from her right eye.
It is reported that the treating physician evaluated the patient and confirmed a diagnosis of conjunctivitis, advising the patient’s mother that she should schedule an appointment with an ophthalmologist the following day. The patient’s mother disputes whether this recommendation was clearly communicated. Notably, the physician did not personally contact an ophthalmologist to ensure the patient received an immediate consultation.
Allegedly, the patient was not examined by a specialist until weeks later, at which point she was diagnosed with Vogt-Koyanagi-Harada disease, a rare autoimmune disorder that led to permanent blindness in one eye and severely limited vision in the other. The patient’s mother, acting as power of attorney, initiated a medical malpractice lawsuit against the treating physician and the physician’s employer, alleging that the failure to timely diagnose the condition and refer the patient to an ophthalmologist caused irreversible harm.
Reportedly, the trial court partially granted the defendant’s motion for summary judgment, dismissing the claim asserted by the mother in her individual capacity but allowing the claim on behalf of the patient to proceed. The defendant physician and employer appealed the ruling.
Demonstrating Fault in Medical Malpractice Cases
The court reviewed the case under the standard applicable to summary judgment motions in medical malpractice claims. The court reiterated that a defendant seeking summary judgment must establish either that there was no departure from the standard of care or that any alleged departure did not proximately cause the plaintiff’s injuries.
In support of their motion, the defendants submitted expert affirmations from an emergency medicine physician and a pediatric ophthalmologist, both of whom opined that the emergency room physician acted within the accepted standard of care. However, the court found that these expert opinions were conclusory regarding the issue of proximate cause. Specifically, the court noted that the ophthalmologist’s affirmation assumed the physician’s diagnosis was correct and failed to sufficiently address whether the failure to arrange an expedited ophthalmology consultation deprived the patient of a substantial possibility of a better outcome.
The court emphasized that in medical malpractice cases, a plaintiff need only demonstrate that a departure from the standard of care substantially reduced the patient’s chance of a better result. Given the significant delay in diagnosis and treatment, the court concluded that material issues of fact remained regarding whether the physician’s failure to take additional measures proximately caused the patient’s vision loss. As such, the court affirmed the trial court’s ruling, allowing the medical malpractice claim to proceed.
Seek Legal Guidance from a Capable Rochester Medical Malpractice Attorney
A delayed or incorrect diagnosis can have devastating consequences for patients and their families. If you suffered harm due to a physician’s failure to timely diagnose a serious condition, you may have grounds for a medical malpractice claim. The capable Rochester medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your case and guide you through the legal process. Contact us at 833-200-2000 or reach out online to schedule a consultation.