Rochester Medical Malpractice and Personal Injury Lawyer Blog
When patients undergo surgery, they trust that their healthcare providers will follow standard medical practices to ensure their safety, which includes adhering to established discharge procedures. It is not uncommon, though, for healthcare providers to discharge patients without confirming they are healing as expected, which often leads to preventable pain and complications and may be considered medical malpractice. Recently, a New York court highlighted how courts examine medical malpractice claims when postoperative care and discharge decisions are called into question. If you or a loved one suffered due to negligent post-surgical care, it is in your best interest to consult a Rochester medical malpractice attorney as soon as possible.
Facts of the Case
It is alleged that the plaintiff underwent laparoscopic surgery at a medical facility operated by the defendants. The procedure included a biopsy of endometrial implants and the removal of an intrauterine device. The plaintiff reportedly experienced complications immediately following the surgery, including severe abdominal pain, an inability to pass gas, and difficulty ambulating. Despite these symptoms and a note from the surgeon indicating that the plaintiff should not be discharged until passing gas, the plaintiff was discharged the next day.
It is further reported that the plaintiff continued to experience severe symptoms after discharge, including fever, vomiting, and abdominal pain. She returned to the hospital several days later, where she underwent emergency surgery. During this procedure, the surgeon discovered and repaired a perforation in the plaintiff’s colon. The plaintiff claims that the perforation was caused during the initial surgery and that the failure to recognize and address the injury promptly resulted in prolonged suffering and additional medical interventions. The plaintiff and her spouse subsequently filed a lawsuit alleging medical malpractice and loss of consortium.
Medical Malpractice Arising From Post-Surgical Errors
The defendants moved for summary judgment, arguing that they did not deviate from accepted medical practice and that their care did not cause the plaintiff’s injuries. The trial court granted the defendants’ motion, and the plaintiffs appealed.
On appeal, the court evaluated whether the defendants established their entitlement to summary judgment. Under New York law, a defendant seeking summary judgment in a medical malpractice case must demonstrate either that there was no deviation from the standard of care or that the alleged deviation did not cause the plaintiff’s injuries. T
he court emphasized that a conclusory affidavit from the defendant’s expert is insufficient to meet this burden. Instead, the defendant must specifically address and refute the allegations in the plaintiff’s complaint and supporting evidence.
The court found that the defendants failed to meet their burden. The evidence, including deposition testimony and medical records, raised triable issues of fact regarding whether the plaintiff’s colon perforation occurred during the initial surgery and whether the decision to discharge the plaintiff violated standard medical practices.
Notably, the surgeon acknowledged that discharging the plaintiff without confirming the return of bowel function would not align with accepted practices. Additionally, the plaintiff’s symptoms, as documented in her medical records, supported her claim that the injury occurred during the first procedure and was not appropriately addressed.
As such, the court reversed the trial court’s decision, denying the defendants’ motion for summary judgment on both the medical malpractice and loss of consortium claims. The court explained that the derivative loss of consortium claim could proceed because it was based on the same underlying facts as the medical malpractice claim.
Talk to a Capable Rochester Medical Malpractice Attorney Today
If you or someone you love were harmed by a negligently performed procedure, you may be entitled to damages for your losses., and you should talk to an attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys take pride in advocating for patients and their families, and if you hire us, we will work tirelessly on your behalf. Contact us online or call 833-200-2000 to schedule a consultation and discuss your options.
