Rochester Medical Malpractice and Personal Injury Lawyer Blog
Expert testimony is a key component in New York medical malpractice cases. Specifically, it is generally necessary to establish the standard of care and the manners in which the defendant diverged from the standard. As discussed in a recent New York opinion issued in a medical malpractice case, if a plaintiff fails to submit an expert report adequate to demonstrate such departures, their claim may be dismissed. If you were hurt by insufficient medical care, it is wise to confer with a Rochester medical malpractice attorney as soon as possible.
Case Setting
It is reported that the decedent had a history of hypertension, diabetes, and other conditions and was under the care of his primary physician since 2007. In April 2014, the decedent treated with the primary care physician for complaints of headache and sinus pain; the physician diagnosed him with a sinus infection. Following the visit to the primary physician, the decedent collapsed at home, and after being taken to the hospital, he was diagnosed with an intracerebral brain hemorrhage. Despite being transferred to another hospital, the decedent later passed away.
Allegedly, the plaintiffs brought a medical malpractice and wrongful death claim against three defendants: the decedent’s primary care physician, his medical practice, and a hospital. The plaintiffs asserted that the physician misdiagnosed the decedent, treating him for a sinus infection rather than a precursor to a brain hemorrhage, which resulted in the decedent’s subsequent death. The plaintiffs argued that the hospital also negligently delayed diagnosing the brain hemorrhage, which worsened the decedent’s condition. The decedent had complained of headaches and sinus pain but denied other serious symptoms. The defendants moved for summary judgment, arguing that the treatment provided met the standard of care and that there were no indications warranting a referral for a CT scan or further neurological assessment. The trial court denied these motions, prompting the defendants to appeal.
Expert Testimony Regarding the Standard of Care
On appeal, the court distinguished the claims against the physician and his medical practice from those against the hospital. The court found that the plaintiffs’ expert witnesses failed to adequately refute the opinions provided by the defendants’ experts concerning the physician’s treatment.
The plaintiffs’ experts did not effectively argue that the physician should have suspected a brain hemorrhage, particularly as the decedent did not exhibit any heralding signs, such as severe headaches or neurological symptoms, that would have necessitated a CT scan or emergency referral. Furthermore, the court determined that the plaintiffs’ experts improperly introduced new theories of liability that had not been raised in the original complaint or bills of particulars.
As a result, the court reversed the trial court’s denial of summary judgment in favor of the physician and his practice, dismissing the claims against them.
However, with respect to the hospital, the court upheld the denial of summary judgment. It found that the plaintiffs’ experts had raised genuine issues of fact regarding the hospital’s handling of the decedent’s care, specifically its delay in performing the CT scan and its management of his treatment after the diagnosis of a brain hemorrhage.
The court noted that discrepancies between the expert opinions created factual questions that should be resolved by a jury. Consequently, the claims against the hospital were allowed to proceed to trial.
Confer with an Experienced Rochester Medical Malpractice Lawyer
If you or a loved one were injured by inadequate medical care, it is critical to understand your rights, and it is advisable to confer with an attorney. The experienced Rochester medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers have ample experience handling claims against careless medical professionals, and if we represent you, we will advocate zealously on your behalf. You can contact us by calling 833-200-2000 or by filling out our online form to arrange a conference.
