Articles Posted in Medical Malpractice

New York imposes strict time limitations as to when a person can pursue medical malpractice claims. Thus, if a person injured by a negligent doctor fails to file a medical malpractice lawsuit within the statute of limitations, their claim will most likely be dismissed. As explained in a recent New York opinion issued in a medical malpractice case, though, there are certain situations when delays are acceptable, such as when the continuing treatment doctrine applies. If you sustained losses because of inadequate medical care, you should talk to a Rochester medical malpractice lawyer about your possible claims.

History of the Case

It is alleged that from January through April 2017, the plaintiff was hospitalized at the defendant medical center. During his stay, he developed severe pressure sores. He treated his sores with other providers following his discharge. In September 2018, he returned to the defendant medical center for an unrelated procedure. He continued to treat his sores in 2019 and, in July 2019, was evaluated at the defendant medical center for a worsening sore on his left hip joint that required surgery.

Reportedly, in September 2019, the plaintiff filed a medical malpractice case against the defendant. The defendant moved to dismiss the plaintiff’s claims as time-barred. The court denied the defendant’s motion, and it appealed. Continue Reading ›

Doctors have a duty to provide their patients with thorough and adequate care. This means that they must not only avoid causing their patients physical harm but also that, in some instances, they must prevent patients from harming themselves. The duty a doctor owes to a patient with ideation of self-harm was the topic of a recent New York opinion delivered in a medical malpractice case in which the court denied the defendant’s request for dismissal. If your loved one died due to the negligence of a doctor, it is in your best interest to confer with a Rochester medical malpractice lawyer to discuss what compensation you may be owed.

History of the Case

It is alleged that the defendant treated the decedent for chronic pain. Throughout the course of his care, the defendant prescribed the decedent opioids. Two years after the defendant began treating the decedent, the decedent saw a neurologist, who described the decedent as being depressed and having suicidal ideation. Shortly after that, the decedent died in his home. The medical examiner assessed his death as accidental and caused by acute combined intoxication with gabapentin and hydromorphone.

It is reported that the plaintiff subsequently commenced a lawsuit against the defendant asserting medical malpractice and wrongful death claims. The defendant moved for summary judgment, but the court denied the motion. The defendant then appealed. Continue Reading ›

The strength of a plaintiff’s medical malpractice case often hinges on the strength of their expert’s opinion. In other words, the more compelling the expert’s argument that the defendant caused the plaintiff’s harm is, the more likely it is that the jury will find in the plaintiff’s favor. Expert opinions must be more than merely persuasive, though, they must also be based on reliable facts and methods; if they are not, they may be deemed inadmissible. Recently a New York court discussed the admissibility of expert testimony in a medical malpractice case in which it precluded the plaintiff’s expert from testifying. If you suffered harm due to incompetent medical care, you could be owed damages, and you should talk to a Rochester medical malpractice lawyer about your possible claims.

The Background of the Case

It is alleged that the plaintiff’s son suffered a brachial plexus injury during birth. After the injury was deemed permanent, the plaintiff filed a medical malpractice lawsuit against the defendant, the doctor that delivered the infant. Among other things, she asserted that the defendant’s aggressive use of force on the infant’s head and shoulders caused the child’s harm. Prior to the trial, the defendant moved to bar the plaintiff’s expert from testifying that maternal labor forces could not have caused the infant’s injuries or that they would not have happened if the defendant had not moved the infant’s head.

When Expert Testimony is Admissible

The court granted the defendant’s motion. In doing so, it discussed when expert testimony is admissible. It stated that pursuant to the Federal Rules of Evidence, a person deemed an expert by their skill, education, training, knowledge, or expertise may offer their opinion as long as their testimony is based on adequate data or facts and is the product of reliable methods and principles that they have reliably applied. The opinion must also help the trier of fact determine a fact in issue or understand the evidence. Continue Reading ›

Medical malpractice cases are typically document-intensive, as both plaintiffs and defendants rely on medical records to support their positions, and discovery is a critical component of such cases. As such, if a party fails to comply with discovery requests, it may greatly impair their opponent’s ability to prove their claim or defense. The courts take a party’s refusal to answer discovery requests seriously and, as shown in a recent New York opinion issued in a medical malpractice case, may find it constitutes grounds for dismissing a case in its entirety. If you suffered injuries due to a negligently performed procedure, you might be owed compensation, and you should speak to a Rochester medical malpractice attorney to determine your rights.

History of the Case

It is alleged that the plaintiff, who was from South Korea, presented to the defendant’s office for gynecologic care in November 2017. At that time, the defendant confirmed that the plaintiff was five weeks pregnant. Later that week, the defendant performed an abortion on the plaintiff, which the plaintiff alleged deviated from the accepted and good practice of medicine.

Reportedly, the plaintiff returned home to South Korea the following month, where a doctor advised her that she was nine weeks pregnant with an unhealthy fetus that was likely to suffer birth defects. She underwent a second abortion procedure that was successful. She subsequently filed a medical malpractice lawsuit against the defendant, arguing that the negligently performed abortion caused her to sustain permanent losses and rendered her unable to work for several months. Continue Reading ›

Medical malpractice cases typically arise in the context of a doctor-patient relationship. In other words, the plaintiff will usually be a patient hurt by the defendant’s negligent care. Under New York law, however, a doctor may be held liable for medical malpractice for harm suffered by someone other than their patients. This was explained in a recent New York ruling issued in a case in which the plaintiff pursued claims against a psychiatrist following harm caused by the psychiatrist’s patient. If you were hurt because of a doctor’s carelessness, you might be owed damages, and it is in your best interest to consult a Rochester medical malpractice attorney.

The Facts of the Case

It is alleged that the plaintiff was kidnapped and sexually assaulted by a man who was treating with the defendant psychiatric clinic for mental health issues. The plaintiff subsequently filed a lawsuit against the man and against the clinic and its professionals. As to the psychiatric clinic defendants, the plaintiff asserted medical malpractice claims. The psychiatric clinic defendants moved for summary judgment, arguing they could not be liable for medical malpractice as the plaintiff was not their patient. The court disagreed and denied the motion, after which the defendant appealed.

Medical Malpractice Claims Pursued by Non-Patients

On appeal, the court affirmed the trial court ruling. The defendants argued that doctors usually only owe a duty of care to their patients and that there was no special relationship that extended that duty to the plaintiffs in this case. The court disagreed. Specifically, the court explained that mental health professionals or psychiatrists owe their patients a duty to exercise professional judgment and offer treatment using a proper medical foundation. In some instances, though, that duty extends to the narrow group of individuals that the physician could expect to be affected by the treatment, but also to the public at large as well. Continue Reading ›