Rochester Medical Malpractice and Personal Injury Lawyer Blog
In medical malpractice lawsuits, plaintiffs often rely on direct evidence of a healthcare provider’s actions or inactions when seeking compensation for injuries. But in cases with no clear records or witnesses to a critical moment in a patient’s care, the courts may turn to evidence of a provider’s established routine to assess whether proper procedures were followed. A recent New York decision demonstrates how “custom and practice” testimony can decisively impact the outcome of a malpractice claim. If you or someone you love sustained losses because of alleged medical negligence, speaking with a skilled Rochester medical malpractice attorney is essential to protect your rights.
Background of the Case
It is alleged that the decedent, who was injured in a motor vehicle accident, underwent an MRI at the defendant’s facility in April 2014. The plaintiff, acting as administrator of the decedent’s estate, later initiated a lawsuit against the defendant medical provider, asserting claims for medical malpractice related to the MRI procedure. Specifically, the plaintiff alleged that the defendant’s conduct during the MRI caused or contributed to the decedent’s injuries.
Reportedly, the defendant moved for summary judgment, seeking dismissal of the medical malpractice claim on the grounds that the MRI technician followed proper procedures during the decedent’s MRI. In support of its motion, the defendant submitted an affidavit from the technician who performed the MRI. The technician attested to his consistent practice of properly operating the MRI machine and securing patients, asserting that he followed this routine with the decedent.
It is reported that the plaintiff did not oppose the defendant’s motion, but the Supreme Court denied the motion, finding that the technician’s affidavit was insufficient to establish entitlement to judgment as a matter of law. The defendant appealed.
Customs and Practice Evidence in Medical Malpractice Cases
On appeal, the court reviewed the matter under the familiar summary judgment standard applicable to medical malpractice claims. The court reiterated that the moving defendant bears the initial burden of establishing either that there was no deviation from accepted medical practice or that any deviation did not proximately cause the plaintiff’s injuries. If the defendant meets this burden, the burden shifts to the plaintiff to raise a triable issue of fact.
The court focused on the admissibility and sufficiency of custom and practice evidence provided by the defendant. It explained that testimony regarding a healthcare provider’s habitual practice is admissible to demonstrate that a provider likely acted in conformity with that routine on a specific occasion. However, the court noted that such evidence must demonstrate a deliberate, consistent, and unvarying practice in relevant situations.
Here, the court found that the technician’s affidavit satisfied this standard. The technician attested to his specific habit of properly securing patients and following standard operating procedures when performing MRIs. The court held that this evidence was sufficient to allow an inference that the technician adhered to the same practices during the decedent’s MRI.
Additionally, the court determined that the technician possessed the requisite knowledge and experience to render an opinion regarding the appropriate procedures for MRI performance and patient safety. Since the plaintiff failed to oppose the motion or present evidence raising a triable issue of fact, the court concluded that the defendant met its burden and was entitled to summary judgment.
Seek Advice from a Seasoned Rochester Medical Malpractice Attorney
Medical malpractice claims often depend on highly technical evidence and expert testimony to determine whether a provider’s conduct deviated from professional standards. If you believe you suffered harm due to substandard care, the seasoned Rochester medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers are here to help. We are committed to advocating for patients and their families and can guide you through each step of the litigation process. Contact us at 833-200-2000 or reach out online to schedule a consultation.
