Rochester Medical Malpractice and Personal Injury Lawyer Blog
Certain health issues, like strokes, require prompt diagnosis and treatment, as any delays can lead to irreparable harm. Such delays may be grounds for pursuing medical malpractice claims, but if the injured party cannot produce adequate facts in support of their position, their claims may be dismissed, as demonstrated in a recent New York case. If you were injured by negligent medical care, you may be able to pursue claims against the providers that caused you harm, and it is wise to confer with a Rochester medical malpractice attorney.
History of the Case
It is alleged that the decedent sought treatment at the defendant hospital’s emergency department in January 2016, where it was determined that he had suffered a stroke. The decedent initiated a medical malpractice lawsuit against several physicians and medical entities involved in his care, alleging that they failed to timely diagnose the stroke, conduct appropriate diagnostic tests, and administer necessary treatments, including tissue-type plasminogen activator (tPA) and surgical clot retrieval.
Reportedly, the decedent passed away after the lawsuit began, and the plaintiff, as the administrator of the decedent’s estate, continued the case. The defendants moved for summary judgment to dismiss the claims, arguing that they did not deviate from the standard of care or, alternatively, that any deviation was not the proximate cause of the decedent’s injuries. The trial court granted the motion, and the plaintiff appealed.
Demonstrating a Triable Issue of Fact in Medical Malpractice Cases
The court reviewed the defendants’ motions for summary judgment, which required them to demonstrate that there was either no departure from the accepted standard of care or that any such departure did not cause the decedent’s injuries.
The defendants provided extensive medical records, deposition testimony, and expert affirmations to support their positions, establishing that their actions were consistent with the standard of care and did not contribute to the decedent’s injuries.
The court found, however, that the plaintiff’s expert’s affidavit failed to create a triable issue of fact in response to the defendants’ motion. The affidavit was based on unsupported facts and lacked a solid scientific foundation, making it insufficient to challenge the defendants’ evidence. Specifically, the court noted that the plaintiff’s expert could not effectively argue that treatment with tPA or surgical clot retrieval was warranted or that any delays in diagnosis and treatment caused the decedent’s injuries.
As a result, the court affirmed the decision to grant summary judgment in favor of the defendants, dismissing the second amended complaint against them.
Talk to a Skilled Rochester Medical Malpractice Lawyer
If you were injured by incompetent medical care and are interested in pursuing claims against your provider, it is prudent to talk to an attorney. The skilled Rochester medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can inform you of your rights and help you to seek the best outcome possible. You can reach us by calling 833-200-2000 or by filling out our online form to arrange a conference.
