Rochester Medical Malpractice and Personal Injury Lawyer Blog

New York Court Discusses Sufficiency of Expert Opinions in Medical Malpractice Cases

Published on: February 7, 2022 | By DeFrancisco & Falgiatano

Medical malpractice cases are very fact-specific, and demonstrating liability requires an intricate understanding of the law and applicable medical standards. As such, even if it seems that a doctor clearly caused a patient to suffer harm, the patient must produce competent expert evidence to support their claims, otherwise, they may be dismissed. This was demonstrated recently in a ruling set forth by a New York court in a gynecological malpractice case, in which the court affirmed the dismissal of the plaintiff’s claims on the grounds that her expert opinion was insufficient. If you were harmed by a routine gynecological procedure, it is smart to speak to a Rochester medical malpractice lawyer to determine your rights.

The Plaintiff’s Harm

Allegedly, the defendant performed a myomectomy on the plaintiff to remove uterine fibroids. During the surgery, the plaintiff suffered a second-degree burn due to an electrocautery device. She subsequently filed a medical malpractice complaint against the defendant, alleging the defendant’s negligence caused her harm. The defendant requested dismissal of the plaintiff’s claims via a motion for summary judgment. The court granted the motion, and the plaintiff appealed.

Sufficiency of Expert Opinions in Medical Malpractice Cases

The salient issue on appeal was whether the plaintiff’s expert report was adequate to defeat the defendant’s motion for summary judgment. The appellate court ultimately determined that it was not and affirmed the trial court ruling. The court explained the well-established rule that if a defendant seeks dismissal through a motion for summary judgment, they bear the burden of establishing the lack of a departure from the accepted and good practice of medicine or that the plaintiff did not suffer harm due to any alleged departure. Continue Reading ›

New York Court Discusses Federal Jurisdiction Over State Medical Malpractice Claims

Published on: January 24, 2022 | By DeFrancisco & Falgiatano

It is not uncommon for people housed in federal facilities to undergo medical treatment for chronic and acute conditions. Unfortunately, the care they receive often falls below the acceptable standard, and rather than helping them, it harms them instead. In such instances, they have the right to pursue medical malpractice claims against the parties responsible for their harm. While medical malpractice claims are typically brought in state court, they may be filed in federal court if the plaintiff is also asserting claims that arise out of violations of federal statutes.

While federal courts have the right to exercise jurisdiction over state law claims in some circumstances, the plaintiff must show that such jurisdiction is proper, as demonstrated in a recent ruling issued in a New York medical malpractice case. If you were injured due to the carelessness of a doctor, it is advisable to meet with a Rochester medical malpractice lawyer to discuss whether you may be able to recover compensation.

The Plaintiff’s Harm

Allegedly, when the plaintiff was detained in a federal facility, he sought medical care for an unspecified ailment. He was prescribed a painkiller that he stated caused him to suffer an upset stomach and other symptoms. The doctor nonetheless continued to prescribe him the medication, however. The plaintiff subsequently suffered a gastrointestinal bleed and lost consciousness on three occasions. During one episode, he had to undergo emergency surgery, after which he suffered from vision and mobility issues, migraine headaches, hypertension, and dementia. Continue Reading ›

New York Court Explains the Quality-Assurance Privilege in Medical Malpractice Cases

Published on: January 22, 2022 | By DeFrancisco & Falgiatano

Discovery is a key element in medical malpractice matters, as in most instances, it is the best tool parties can use to obtain evidence to support their claims or defenses. Broadly speaking, any information that is relevant is discoverable. There is certain information that is protected from disclosure, though, such as statements made during a quality assurance or medical review meeting. Recently, a New York court explained when the quality-assurance privilege applies in a medical malpractice case in which the defendant objected to the plaintiff’s discovery requests. If you were hurt due to incompetent care that you received in a hospital, you may be owed damages, and you should talk to a Rochester medical malpractice lawyer as soon as possible.

The History of the Case

It is alleged that the decedent sustained brain trauma in a car accident, after which he was transported to the defendant hospital. The defendant doctors evaluated the decedent and determined he suffered a skull fracture, hemorrhaging, a subdural hematoma, and herniation of the brain. He was removed from life support and died a short time later.

Reportedly, the plaintiff filed medical malpractice claims against the defendants and submitted discovery requests seeking the medical reports, hospital records, and reports from peer review meetings. The defendants moved for a protective order on the grounds that the quality-assurance privilege protected peer review meeting minutes from disclosure. The court denied their motion, and they appealed. Continue Reading ›

New York Court Discusses Grounds for Granting a Motion to Set Aside a Verdict in a Medical Malpractice Case

Published on: January 20, 2022 | By DeFrancisco & Falgiatano

Generally, parties in a medical malpractice case anticipate that jurors will render a fair verdict after considering the evidence presented at trial. While juries generally meet this expectation, at times, they can issue verdicts that do not comport with a fair reading of the evidence. In such instances, either party can ask the court to set aside the verdict and either issue judgment in their favor or order a new trial. Recently, a New York court evaluated when it is appropriate to grant a motion to set aside a verdict in a birth injury case in which the jury found the defendants liable for the plaintiff’s harm. If your child sustained losses at birth because of a doctor’s carelessness, it is advisable for you to contact a Rochester medical malpractice lawyer to evaluate what claims you may be able to pursue.

The History of the Case

It is reported that the plaintiff mother visited the hospital in the late stages of her pregnancy due to decreased fetal movement. She was examined by the defendant doctors and discharged. The next day, though, she underwent an emergency cesarean section to deliver the plaintiff son. The plaintiff son suffered numerous deficits, which the plaintiff mother asserted was because of the negligence of the defendant doctors.

Allegedly, the plaintiff mother filed a medical malpractice lawsuit against the defendant doctors, seeking damages both individually and on behalf of her son. A trial was conducted, after which the jury issued a verdict finding that the defendants were liable and granting the plaintiff damages. The defendant doctors then filed a motion asking the court to set aside a verdict and either order a new trial or issue a judgment in their favor. The court denied the motion, and the defendants appealed. Continue Reading ›

Court Discusses Burdens of Proof in New York Medical Malpractice Cases

Published on: December 30, 2021 | By DeFrancisco & Falgiatano

A doctor accused of medical malpractice will rarely admit liability. On the contrary, many health care providers named as defendants in medical malpractice lawsuits will ask the courts to dismiss the claims against them via a motion for summary judgment. Recently, a New York court discussed each party’s burden of proof with regard to motions for summary judgment in medical malpractice cases. If you were injured by the negligence of your healthcare provider, it is prudent to consult a Rochester medical malpractice attorney to evaluate what evidence you must produce to recover damages.

The History of the Case

It is reported that the plaintiff was transported via ambulance to the defendant hospital. When he was in the triage area, he began to seize. The defendant doctor examined the plaintiff, who shortly thereafter suffered a heart attack. He was resuscitated and transferred to the intensive care unit, where the doctors induced hypothermia. Two days after his admission, he was examined by the defendant vascular surgeon for compartment syndrome, as his legs were blue and rigid. He ultimately underwent a bilateral amputation of his legs above the knees.

Allegedly, the plaintiff and his file instituted claims against the defendants for lack of informed consent and medical malpractice. The defendants moved for summary judgment, arguing they were entitled to judgment in their favor as a matter of law. The court granted their motion, and the plaintiff appealed. Continue Reading ›

New York Court Discusses Medical Malpractice Versus Ordinary Negligence

Published on: December 24, 2021 | By DeFrancisco & Falgiatano

While most New York medical malpractice claims assert that the defendant health care provider negligently performed their duties, there are key distinctions between ordinary negligence and medical malpractice claims. In a recent opinion issued by a New York court, the differences between ordinary negligence and medical malpractice were explained. If you suffered harm due to the carelessness of your treatment provider, it is smart to meet with a Rochester medical malpractice attorney to assess what claims you may be able to assert in pursuit of damages.

The Plaintiff’s Harm

It is alleged that the plaintiff, who was living in a state-owned facility, fell down a flight of stairs and injured his back. He subsequently instituted a lawsuit against the state, alleging that it had a duty to recognize his risk of falling and place him on the first floor, and its breach of that duty caused his harm. The defendant moved for dismissal via summary judgment, arguing it was entitled to judgment in its favor as a matter of law.

Medical Malpractice Versus Ordinary Negligence

One of the key points of contention between the parties was whether the plaintiff’s complaint asserted medical malpractice or ordinary negligence claims. Specifically, the defendant argued that it was an ordinary negligence claim, and in support of its assertion, stated that the plaintiff’s attorney deemed it ordinary negligence at a pretrial conference. The plaintiff disagreed. Continue Reading ›

New York Court Explains Procedural Requirements in Medical Malpractice Claims Pursued Under Federal Law

Published on: December 18, 2021 | By DeFrancisco & Falgiatano

Under New York law, parties harmed by the incompetence of medical professionals have the right to seek compensation. They must comply with any applicable procedural requirements and deadlines, however, and if they do not, they may waive the right to pursue certain claims. This was illustrated in a recent ruling issued by a New York court in a medical malpractice case, in which the court denied the plaintiff’s motion for leave to submit additional expert reports. If you suffered injuries due to the incompetence of a health care provider, it is in your best interest to speak to a Rochester medical malpractice lawyer concerning your rights.

History of the Case

It is alleged that the plaintiff filed a medical malpractice lawsuit against the defendants under the Federal Tort Claims Act, seeking compensation for unspecified harm suffered by her minor child. The court set a deadline by which the parties were to complete discovery. The deadline was extended on four occasions, but discovery ultimately closed, and the judge certified that the matter was ready for trial.

New York Court Discusses Duties of Medical Professionals in Pulmonology Malpractice Case

Published on: December 12, 2021 | By DeFrancisco & Falgiatano

When people pass away due to treatable medical issues, their family members will often seek to hold someone accountable. Merely because a decedent treated for the medical concern that ultimately caused their death does not necessarily mean their treatment provided committed medical malpractice, however. This was demonstrated in a recent New York opinion in which the court discharged the plaintiff’s medical malpractice claims against a pulmonologist, finding that he did not owe the decedent any duty. If you were injured or lost a loved one due to the carelessness of a pulmonologist, it is smart to meet with a Rochester pulmonologist malpractice lawyer to discuss your potential claims.

The Decedent’s Care

It is reported that the decedent suffered from asthma that was managed by a pediatrician that treated her since she was a teenager. When she was 42, she underwent bariatric surgery. Prior to the procedure, she was evaluated by the defendant pulmonologist for pulmonary clearance. He ultimately concluded that she had a mild to moderate risk for surgery and prescribe medication to improve her pulmonary function in the pre-operative and post-operative periods. He also forwarded his findings to her bariatric doctor.

Allegedly, the decedent underwent surgery without issue and continued to treat her asthma with the pediatrician. She subsequently passed away at 43 due to an asthma attack. The plaintiff then filed a medical malpractice lawsuit against the defendant, alleging that his failure to inform the pediatrician of the severity of the decedent’s asthma led to her death. The defendant moved for summary judgment, and the court granted his motion. The plaintiff appealed. Continue Reading ›

Court Discusses Establishing Lack of Informed Consent Under New York Law

Published on: December 6, 2021 | By DeFrancisco & Falgiatano

Prior to offering their patients treatment, such as surgical procedures, doctors are required to explain the potential side effects of the course of care and explain alternative treatments. If they do not, and the patient subsequently suffers from complications or issues, the plaintiff may be able to assert medical malpractice claims against the physician, alleging that they failed to obtain their informed consent. Recently, a New York court explained liability for the failure to obtain a patient’s informed consent, in a matter in which it ultimately determined there was sufficient evidence to proceed to trial. If you suffered harm due to your treatment provider’s failure to obtain your informed consent, you might be owed compensation, and you should speak to a Rochester medical malpractice lawyer as soon as possible.

The Plaintiff’s Claims

It is reported that the plaintiff treated with the defendant doctor at the defendant hospital for back issues that arose following a car accident. The defendant doctor initially offered the plaintiff conservative treatment but later recommended that he undergo a laminectomy with possible fusion at the lumbar level of his spine. The plaintiff accepted the defendant doctor’s recommendation and scheduled the surgery.

Allegedly, on the day of the surgery, the defendant doctor advised the plaintiff he had changed his mind regarding the laminectomy and recommended that the plaintiff undergo the implantation of certain devices in his back. The plaintiff agreed after a brief discussion and underwent the procedure. He continued to experience pain and symptoms and sought care from another doctor. The second doctor stated his condition did not warrant the intervention he received and subsequently surgically removed the devices. The plaintiff then filed a lawsuit against the defendants alleging, among other things, that the defendant doctor committed malpractice by failing to obtain his informed consent. The defendants moved for summary judgment, and the court granted the motion, after which the plaintiff appealed. Continue Reading ›

New York Court Discusses Evidence Admissible in Medical Malpractice Matters

Published on: November 28, 2021 | By DeFrancisco & Falgiatano

Breast cancer is a devastating illness that kills thousands of women each year. The majority of people who develop breast cancer do not have a familial history of the disease. Some patients, though, carry a gene mutation that creates a significantly high risk of not only developing breast cancer but also ovarian cancer. As such, doctors will often recommend that a patient who was diagnosed with breast cancer undergo genetic testing. As evidenced in a recent New York ruling, the failure to recommend such testing may constitute medical malpractice. If you sustained damages due to a doctor’s mismanagement of your breast cancer, it is smart to contact a Rochester medical malpractice lawyer to discuss your options for seeking compensation.

The Facts of the Case

It is reported that the decedent was diagnosed with breast cancer in August 2002, after which she sought treatment from the defendant oncologist. The decedent was subsequently diagnosed with ovarian cancer in July 2007 and passed away in September 2007. It is alleged that the decedent’s only sibling underwent genetic testing in January 2008 and was found to have a gene mutation that significantly increased her risk of ovarian cancer.

Allegedly, the plaintiff then filed a medical malpractice lawsuit against the defendant, arguing that he violated good medical practice by neglecting to appropriately advise the decedent to obtain genetic counseling, which may have revealed that she inherited the gene mutation. Continue Reading ›