Articles Posted in Medical Malpractice

Doctors accused of committing medical malpractice rarely admit their liability. Rather, in many malpractice cases, the defendant will argue that there is no evidence that they are at fault for the plaintiff’s alleged harm, and therefore, the case should be dismissed via summary judgment prior to trial. Recently, a New York court discussed the burden of proof imposed on each party in a medical malpractice case with regard to summary judgment, in a matter in which it ultimately denied the defendant’s motion. If you were hurt by the carelessness of a health care provider, you might be able to cover compensation for your harm, and it is in your best interest to speak to a Rochester medical malpractice lawyer about your rights.

The Facts of the Case

It is reported that the plaintiff underwent a surgical procedure on her right leg at the defendant hospital on August 7, 2014. She returned four days later with complaints of leg pain and ultimately underwent an above the knee amputation of her right leg. She proceeded to file a medical malpractice lawsuit against the defendant, alleging that it committed numerous errors that resulted in the loss of her leg. Following discovery, the defendant moved to have the plaintiff’s claims dismissed via summary judgment. The court denied the motion, and the defendants appealed.

The Shifting Burdens of Proof in Medical Malpractice Cases

To establish a physician’s culpability for medical malpractice, a plaintiff must show that the physician deviated or diverged from established community standards of practice and that this deviation was a direct cause of the plaintiff’s injuries.   Thus, a defendant moving for dismissal via summary judgment in a medical malpractice case defendant must prove, prima facie, that it did not depart from the standard or that any departure did not proximately cause the plaintiff’s harm. Once a defendant establishes this prima facie showing, the plaintiff bears the burden of proving the existence of a triable issue of fact, but only as to the factors on which the defendant has met its burden. Continue Reading ›

Expert testimony is a key component of New York medical malpractice cases. In other words, while a compelling expert report may provide a plaintiff with protection from the dismissal of their claims via summary judgment, a report that is speculative or that is not based on reliable methodology may be inadequate to demonstrate that a factual dispute demands that a case proceeds to trial. This was illustrated recently when a New York court affirmed the dismissal of a plaintiff’s medical malpractice claims, largely due to the weakness of her expert report. If you suffered harm due to negligent medical care, you might be owed damages, and you should meet with a Rochester medical malpractice lawyer to discuss your potential claims.

History of the Case

Allegedly, the plaintiff contracted Guillain-Barre syndrome. While the facts regarding her care are sparse, she ultimately filed a medical lawsuit against the defendant hospital, alleging that it failed to diagnose her with the condition or treat it in a timely manner, which ultimately decreased her chance of a favorable outcome. The defendant moved for dismissal via summary judgment. The court granted the defendant’s motion, and the plaintiff appealed.

Expert Reports in New York Medical Malpractice Cases

On appeal, the appellate court affirmed the trial court ruling. The court explained that, in New York medical malpractice cases, the defendant bears the initial burden of proving that it did not deviate from the accepted practice of medicine or that any alleged deviation did not cause the plaintiff’s harm. The burden then shifts to the plaintiff, who must refute the defendant’s assertions in order to survive summary judgment. Continue Reading ›

Long-term care facilities often require people to sign contracts prior to admission. Such contracts generally set forth the expectations of both parties, but they may also impact a resident’s right to pursue damages for medical malpractice. This was demonstrated in a recent New York case in which a court upheld an arbitration clause in a short-term admission agreement, dismissing the plaintiff’s medical malpractice and wrongful death claims. If you or someone you love suffered injuries due to the incompetence of a medical provider, you may be owed damages, and you should speak to a Rochester medical malpractice lawyer to evaluate your options for protecting your interests.

The Facts of the Case

It is reported that the decedent was admitted to a rehabilitation and healthcare center in Pennsylvania that was owned and operated by the defendant. At the time of her admission, she signed a short-term admission agreement that, in relevant part, contained numerous provisions stating that disputes between residents and the facility and medical malpractice claims against the facility must be resolved by mediation or arbitration.

Allegedly, the decedent later passed away, after which the plaintiff filed a lawsuit against the defendants in a federal court sitting in New York, alleging medical malpractice and wrongful death claims. The defendant moved to dismiss the case, citing the mandatory arbitration provisions. The court ultimately granted the motion in part, staying the matter pending arbitration. Continue Reading ›

In New York, certain medical facilities are owned and operated by the federal government. As such, medical malpractice claims against such entities must typically be brought under the Federal Tort Claims Act (the Act). If a plaintiff fails to abide by the notice requirements imposed by the Act, it may result in a dismissal of their claims. This was demonstrated in a recent New York medical malpractice case filed by a pro se plaintiff. If you were harmed by inadequate medical care received in a federal facility, it is smart to speak to a Rochester medical malpractice lawyer regarding what measures you must take to recover damages.

The Procedural History of the Case

It is reported that the plaintiff was detained at a federal facility. While there, he suffered harm due to negligent medical care. He subsequently filed numerous claims against the defendant government and other parties, including medical negligence. The court subsequently dismissed all of the claims except for medical negligence. The defendant then moved to dismiss the medical negligence claims on the grounds that the plaintiff failed to comply with the notice requirements imposed by the Act. The court granted the motion and dismissed the plaintiff’s claims.

A plaintiff in a New York medical malpractice case typically must produce evidence showing each element of the underlying claims in order to recover damages. As such, if a plaintiff fails to produce competent evidence, their claims may be dismissed before the case proceeds to trial via summary judgment. Recently, a New York court issued an opinion in a medical malpractice case discussing what evidence is needed to withstand summary judgment. If you sustained injuries due to the negligence of a health care provider, it is advisable to speak to a Rochester medical malpractice lawyer about your possible claims.

The History of the Case

The opinion provided few facts regarding the plaintiff’s care and the purported harm. It is alleged, however, that the plaintiff underwent treatment at the defendant hospital. He subsequently filed a medical malpractice lawsuit against the defendant hospital and defendant doctors, alleging that the doctors’ failure to examine him constituted malpractice. The defendants moved for dismissal via summary judgment, and the trial court granted the motion. The plaintiff then appealed.

Evidence Demonstrating a Triable Issue of Fact

On appeal, the court explained that summary judgment is only appropriate in cases in which there is no true dispute with regard to a material fact, and therefore, the moving party should be granted judgment as a matter of law. While one of the core rules of civil procedure is that a trial court typically should not dismiss a matter via summary judgment based on its evaluation of the credibility of the evidence offered, there are exceptions. Continue Reading ›

It is not uncommon for people who are frustrated by the level of medical care they receive in federal institutions to represent themselves in medical malpractice claims against their providers. While people have the right to pursue such claims without the assistance of attorneys, they are bound by the same pleading requirements as other parties. Specifically, they must set forth allegations that, on their face, demonstrate a right to recover damages. If they fail to do so, it may result in a dismissal of their claims, as illustrated in a recent New York opinion. If you were harmed by incompetent health care, it is advisable to seek the assistance of a Rochester medical malpractice lawyer to pursue claims against your provider.

The Plaintiff’s Harm

It is reported that the plaintiff is housed in a federal facility. In October 2017, he visited the facility’s medical center with complaints of pain in his left testicle. The defendant doctor prescribed a CT scan that required the plaintiff to ingest liquids prior to the test. He was administered liquids intravenously during the test as well. Plaintiff never received the results of the test and or a diagnosis for the pain in his left testicle.

Allegedly, the plaintiff began to experience symptoms of radiation sickness as well, such as hair loss, pain, and deteriorating teeth. Additionally, his speech was slurred, his tongue was swollen and purple, and he began to experience mental distress. Thus, he filed a federal lawsuit against the defendant, alleging, in part, that the defendant committed medical malpractice. The defendant moved to dismiss the plaintiff’s amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Upon review, the court granted the motion. Continue Reading ›

In medical malpractice cases, expert opinions are not only needed to establish the standard of care but also to causally link the defendant’s breach of the standard to the plaintiff’s harm or demonstrate that the defendant complied with the standard and should not be held liable for any losses the plaintiff suffered. As such, such cases typically hinge on the persuasiveness of each party’s medical expert and it is not uncommon for one party to attempt to prevent the other party’s expert from testifying.  Specifically, parties often file motions asking the court to preclude experts from opining on certain issues or arguing an expert is unqualified or used unreliable methods to draw his or her conclusions. If such a motion fails, however, the aggrieved party likely has no recourse, as demonstrated in a ruling recently issued in a New York medical malpractice case. If you were injured by an incompetent doctor, it is advisable to consult a Rochester medical malpractice lawyer to discuss your possible claims.

The Procedural History of the Case

It is reported that the plaintiff suffered harm due to complications that arose following a spinal surgery. As such, he filed a lawsuit against numerous defendants, seeking compensation for medical malpractice. At the close of discovery, the defendants filed a motion in limine asking the court to preclude the plaintiff’s experts from testifying on the issue of medical causation. Continue Reading ›

Usually, medical malpractice cases arise out of harm caused by careless behavior. In some instances, however, a patient will suffer damages due to a physician’s acts that are not only intentional but also constitute criminal behavior. In such matters, the injured party may be able to establish negligence as a matter of law without the use of an expert. Recently, a New York court issued an opinion in which it discussed the plaintiff’s burden of proof in a case that involved a defendant convicted of a crime for the same acts that the plaintiff alleged constituted malpractice. If you sustained losses due to the harmful acts of a doctor, it is advisable to meet with a knowledgeable Rochester medical malpractice lawyer to assess your potential claims.

Background of the Case

Reportedly, the defendant, who was a psychiatrist, treated the plaintiff for unspecified mental health issues. During the course of the treatment, the defendant engaged in sexual activity with the plaintiff. As a result, he was arrested and charged with rape and other crimes. A jury ultimately convicted him, and he was sentenced to three years in prison. The plaintiff then filed a medical malpractice lawsuit against the defendant, alleging his actions constituted a departure from the standard of care, which caused the plaintiff to suffer harm. The plaintiff then moved for summary judgment. The court granted the motion, and the defendant appealed.

Collateral Estoppel in Medical Malpractice Cases

Under New York law, collateral estoppel prohibits a party from relitigating an issue in a case that was resolved against the party in a prior proceeding where the party had a fair and full opportunity to contest the determination. The court explained that where a criminal conviction is based on facts identical to those at issue in a related civil matter, the plaintiff in the civil case can assert the doctrine of collateral estoppel to bar the convicted defendant from re-arguing the issue of his or her liability. Continue Reading ›