Rochester Medical Malpractice and Personal Injury Lawyer Blog
The validity of medical malpractice claims often hinges on whether the delay in diagnosis or treatment worsened a patient’s condition. This was demonstrated in a recent New York case, in which the court reversed the trial court’s decision, finding that the plaintiff raised sufficient issues of fact regarding whether a hospital’s delay in diagnosing and treating a stroke constituted medical malpractice. If you or a loved one suffered harm due to medical negligence, consulting with a knowledgeable Rochester medical malpractice attorney is essential to protect your rights.
Factual and Procedural Background
It is alleged that the plaintiff, serving as the administrator of the decedent’s estate, brought a medical malpractice action against a New York hospital. The decedent reportedly presented at the hospital with stroke symptoms, but hospital personnel failed to diagnose or treat the stroke in a timely manner. Allegedly, a CT scan of the decedent’s brain performed on the day of admission revealed an infarct, which the hospital’s radiologist failed to identify. The decedent ultimately suffered severe injuries and later passed away.
The hospital moved for summary judgment, asserting that it adhered to the standard of care and that any alleged deviations did not proximately cause the decedent’s injuries. The trial court granted the hospital’s motion, dismissing the complaint. The plaintiff appealed, contending that issues of fact existed regarding whether the hospital’s actions constituted malpractice and whether the delay in diagnosis and treatment worsened the decedent’s condition.
Grounds for Reinstating the Medical Malpractice Claim
On appeal, the appellate court examined whether the plaintiff raised triable issues of fact regarding the hospital’s adherence to the standard of care and causation. Under New York law, defendants in medical malpractice cases must demonstrate that they did not deviate from accepted medical practices or, if they did, that the deviation did not cause the plaintiff’s injuries. Once defendants meet this burden, the plaintiff must produce expert testimony to counter their claims and establish that factual disputes exist.
The hospital argued that its staff acted appropriately, obtaining the decedent’s medical history and evaluating her condition within the standard of care. It also contended that administering tissue plasminogen activator, a common stroke treatment, would have been ineffective due to the decedent’s medical history, including a prior brain mass, which constituted a contraindication.
The court found that the hospital satisfied its initial burden through expert testimony, asserting that no departures from the standard of care occurred. However, the court determined that the plaintiff’s opposing expert evidence created triable issues of fact. Specifically, the plaintiff presented testimony that the hospital staff failed to thoroughly document the decedent’s symptoms and did not provide an interpreter to facilitate an accurate medical history. Additionally, a radiologist opined that the CT scan revealed a stroke, and the failure to recognize this finding delayed critical treatment options.
The court emphasized that in cases alleging delayed diagnosis, plaintiffs must show that the delay reduced the likelihood of a better outcome or exacerbated the injury. Here, the plaintiff’s experts testified that timely diagnosis and treatment could have included interventions such as the tissue plasminogen activator or other medications, potentially improving the decedent’s prognosis. Accordingly, the court concluded that the plaintiff raised sufficient factual disputes to preclude summary judgment and reinstated the medical malpractice claim.
Consult an Experienced Rochester Medical Malpractice Lawyer
Delays in diagnosis and treatment can lead to devastating consequences for patients and their families. If you or a loved one suffered harm due to a healthcare provider’s negligence, you may be entitled to compensation, and you should consult an attorney. The experienced Rochester medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can assess your case and help you pursue appropriate damages. Contact us at 833-200-2000 or complete our online form to schedule a consultation.
