Articles Posted in Medical Malpractice

The New York Civil Practice Laws and Rules set forth the requirements for pursuing medical malpractice claims against healthcare providers. Among other things, the rules dictate that a plaintiff must serve the initial pleading on the named defendants in a specified time and manner. If the plaintiff is unable to effectuate such service, though, they may seek leave of court to serve a defendant by other means. In a recent opinion delivered in a New York medical malpractice case, the court discussed when granting such leave is appropriate and ultimately granted the plaintiff’s request. If you or someone you love sustained injuries due to incompetent medical care, you may be able to recover damages in a medical malpractice lawsuit, and it is wise to confer with a Rochester medical malpractice lawyer to discuss your possible claims as soon as you can.

History of the Case

It is alleged that the plaintiff, the administratrix of the decedent’s estate, initiated legal proceedings against the defendant, alleging wrongful death, medical malpractice, lack of informed consent, and negligence. The plaintiff filed a motion seeking an order to extend the time for serving the defendant with the summons and complaint. The trial court granted the motion. The plaintiff then filed a second motion requesting an extension of time to serve the defendant and leave to serve the defendant via alternative means of service; the plaintiff intended to serve the defendant at the email address provided by his former employer. The trial court denied the plaintiff’s motion, after which the plaintiff filed an appeal.

Grounds for Extending the Time to Serve a Complaint

On appeal, the court unanimously reversed the trial court’s order, finding that the trial court improvidently exercised its discretion in denying the plaintiff a second extension to serve the defendant under the applicable rules of procedure. The court explained that the plaintiff established good cause for the late service by providing evidence of diligent efforts, including attempting service at an Ohio address and the defendant’s last known New York address. Continue Reading ›

It is not uncommon for families to rely on extended care facilities to provide relief and comfort to ailing loved ones, and in some instances, will go so far as to ask such entities to act as guardians of their family members. If the care provided is inadequate, aggrieved family members can seek recourse, but they generally must pursue all of their claims at once, as discussed in a recent New York medical malpractice ruling. If you lost a loved one due to neglectful medical care, it is smart to meet with a Rochester medical malpractice attorney to assess your options.

Factual and Procedural Background

It is reported that the executor of the decedent’s estate sought the appointment of a guardian for the decedent in January 2021; the defendant was appointed as the guardian. Following the deceased’s death in June 2021, the defendant filed for discharge as the guardian, and the court granted it in a September 2021 order.

Allegedly, In January 2022, the executor filed the present legal action against the defendant, asserting medical malpractice, lack of informed consent, negligence, breach of fiduciary duties, and related claims arising out of the medical treatment provided to the decedent in 2021. The defendant moved to dismiss the plaintiff’s claims, relying on the doctrine of collateral estoppel and asserting that the issues were previously decided in the discharge proceeding. The court granted the motion, and the plaintiff appealed. Continue Reading ›

In many instances involving complex health issues, multiple practitioners will be involved in a patient’s care. If the treatment offered is inadequate, though, and consequently causes a patient to suffer harm, the providers may attempt to assign blame to one another and seek indemnification for any losses attributed to them. As discussed in a recent New York case, however, healthcare providers pursuing indemnification claims face a high burden of proof. If you were hurt by an incompetent treatment team, it is in your best interest to confer with a Rochester medical malpractice attorney at your earliest convenience.

History of the Case

It is reported that the defendant health care agency provided services to the decedent in the winger of 2012. The defendant doctor also cared for and treated the decedent during that time. The plaintiff subsequently filed a lawsuit against the defendants, alleging medical malpractice, violation of Public Health Law, and negligence, asserting that the defendants failed to provide proper care for the decedent’s pressure ulcers. The defendant doctor then filed a third party complaint asserting an indemnification claim against the defendant health care agency. The defendant health care agency filed a motion for summary judgment as to the indemnification claim.

Indemnification in Medical Malpractice Cases

The court considered the nature of the indemnification claim, emphasizing that if the defendant doctor was found liable, he would be responsible for his comparative share of damages as an active tortfeasor, as there was no relationship or legal obligation entitling him to indemnification from the defendant home health care agency. Continue Reading ›

It is not uncommon for a patient with complex health issues to treat with multiple providers. If a patient under the care of several physicians subsequently suffers an adverse medical event due to inadequate care, it can be challenging to demonstrate which treatment provider committed medical malpractice. In a recent New York opinion, the court discussed what evidence is needed to demonstrate liability in a medical malpractice case with multiple defendants. If you suffered losses due to inadequate medical care, it is smart to meet with a Rochester medical malpractice attorney to determine what claims you may be able to pursue.

Case Setting

It is alleged that in May 2011, the plaintiff sought medical treatment for an unexplained fever from her primary care doctor, the defendant. Despite oral antibiotic treatment, the fever persisted, leading the defendant to order a CT scan, revealing suspicious masses in the plaintiff’s abdomen and lung. Due to her history of lymphoma, the defendant referred the plaintiff to the defendant oncologist to assess a possible recurrence of cancer. The plaintiff also consulted with the defendant rheumatologist. The defendant rheumatologist conducted multiple examinations and tests, issuing reports noting abnormalities. Unable to definitively diagnose or rule out malignancy, the defendant rheumatologist referred the plaintiff to specialists.

It is reported that the plaintiff was later hospitalized for a bacterial infection, developed endocarditis, and suffered a stroke. In 2012, the plaintiff initiated a medical malpractice lawsuit against the defendants. The defendant oncologist and rheumatologist moved for summary judgment; the trial court granted summary judgment in favor of the defendants, dismissing the complaint. The plaintiff appealed, but she passed away during the proceedings, and the executor of her estate was substituted. Continue Reading ›

In New York medical malpractice lawsuits, it is incumbent upon the parties to not only demonstrate their positions are supported by sound evidence but also to comply with the applicable rules of procedure. As demonstrated in a recent New York ruling in which the court ultimately dismissed the plaintiff’s medical malpractice claim, the failure to do either can be fatal to a party’s case. If you were harmed by the negligence of a healthcare provider, it is in your best interest to meet with a Rochester medical malpractice lawyer to discuss your options.

History of the Case

It is reported that in 2018, the plaintiff filed a lawsuit against the defendant asserting medical malpractice claims and other causes of action. In July 2020, the plaintiff sought a default judgment, which the court initially denied due to insufficient service in accordance with New York’s Civil Practice Laws and Rules. In January 2021, however, the court granted the plaintiff’s motion for re-argument.

Allegedly, in July 2021, the defendants opposed the plaintiff’s motion for a default judgment, claiming improper service and cross-moved to dismiss the complaint. They argued that the court lacked personal jurisdiction over certain claims, the claims were barred by the statute of limitations, and that the plaintiff failed to aver sufficient facts to support his claims. The defendants also requested a change of venue to Chemung County. The trial court granted the defendant’s motion to dismiss, in part, dismissing the medical malpractice claims. The court also granted the defendant’s request for change of venue. The plaintiff appealed. Continue Reading ›