Rochester Medical Malpractice and Personal Injury Lawyer Blog

New York Court Discusses Conflicting Expert Reports in Medical Malpractice Cases

Published on: May 25, 2024 | By DeFrancisco & Falgiatano

Doctors working in numerous specialties tend to people in hospital emergency rooms, offering treatment options based on their assessment of a patient’s concerns. If an emergency room doctor makes the wrong call, appropriate care may be delayed or not administered at all, which can result in significant complications. In such instances, the doctor may be liable for medical malpractice. In many medical malpractice cases arising out of emergency room care, whether the defendant is deemed liable hinges on the credibility of the parties’ experts, as discussed in a recent New York ruling. If you were hurt due to an emergency room physician’s recklessness, it is important to understand your rights, and you should talk to a Rochester medical malpractice attorney.

History of the Case

It is alleged that the decedent presented to the emergency department of a hospital complaining of right ankle pain and numbness. A podiatric resident, along with the defendant, the on-call orthopedic surgeon, assessed the decedent. Approximately two weeks later, the decedent was admitted to the hospital and ultimately underwent a below-the-knee amputation of his right leg due to acute/subacute ischemia.

Reportedly, the decedent and his wife initiated a medical malpractice lawsuit against the defendant, among others, alleging that he deviated from the standard of care by failing to conduct a proper orthopedic assessment of the decedent. The defendant moved for summary judgment, but the trial court denied his motion. The defendant subsequently filed an appeal. Continue Reading ›

New York Court Discusses Resident Liability in Medical Malpractice Cases

Published on: May 10, 2024 | By DeFrancisco & Falgiatano

Teaching hospitals often offer patients the most advanced care and cutting-edge treatments. In most teaching hospitals, residents provide care to patients, under the supervision of attending physicians. If a patient cared for by a resident subsequently suffers harm, it can be difficult to establish that the resident should be liable for medical malpractice, as discussed in a recent opinion delivered in a New York medical malpractice case. If you were harmed during a procedure performed by a resident, it is worthwhile to meet with a Rochester medical malpractice lawyer as soon as possible.

Factual and Procedural Setting

Allegedly, the plaintiff underwent a pediatric scoliosis surgery, that included a procedure known as a facetectomy. The defendant resident, who was in his fourth year of residency, performed the procedure under the supervision of the defendant doctor, who was employed by the defendant hospital and had privileges at the defendant health system.

It is reported that the plaintiff subsequently suffered a spinal cord injury, after which she filed a medical malpractice complaint against the defendants. The defendants moved for summary judgment, but the court denied their motion. They then appealed. Continue Reading ›

New York Court Discusses Conflicting Evidence in Medical Malpractice Cases

Published on: April 10, 2024 | By DeFrancisco & Falgiatano

Parents often rely on medical professionals to diagnose and treat their children if they become ill. While many children receive competent care, some are tragically offered substandard treatment, and the results of such incompetence frequently cause devastating injuries. Doctors accused of malpractice will often proffer affidavits stating that they complied with the standard of care in order to avoid liability. If the plaintiff submits a contradictory affidavit, however, the courts will likely determine that the disputed issues must be determined by a jury, as demonstrated in a recent New York medical malpractice case. If you or your child were harmed by negligent medical care, it is smart to meet with a Rochester medical malpractice lawyer at your earliest convenience.

Case Setting

It is reported that the plaintiffs initiated a case seeking damages for medical malpractice against multiple defendants, including healthcare professionals and medical institutions. The complaint alleged negligence in the care and treatment of the plaintiff’s minor child, who suffered from viral encephalitis.

Allegedly, the complaint further asserted that the defendants’ incompetence resulted in the minor child suffering incapacitating injuries that rendered them dependent on others for daily activities. The defendants collectively filed a motion for summary judgment to dismiss the claims against them, which the trial court denied. Both sets of defendants separately appealed the denial of their summary judgment motions. Continue Reading ›

New York Court Discusses Timeliness of Medical Malpractice Claims

Published on: April 5, 2024 | By DeFrancisco & Falgiatano

People who experience losses due to the carelessness of healthcare providers have the right to pursue claims for damages. They must act promptly, though, because if they do not, their claims may be barred by the statute of limitations. While legal theories, like the relation back doctrine, can act to toll the statute of limitations, they only apply if certain conditions are met, as discussed in a recent New York ruling issued in a medical malpractice lawsuit. If you have questions pertaining to pursuing claims against negligent medical professionals, it is wise to speak with a Rochester medical malpractice lawyer.

Facts of the Case

It is alleged that the plaintiff filed a medical malpractice complaint that stemmed from the care and treatment of the decedent’s lower extremity during February and March 2015. Initially, the action was filed against two of the named defendants. However, the third defendant received a subpoena to testify as a non-party witness in October 2018, indicating the plaintiff’s awareness of the third defendant’s involvement in the decedent’s care. Subsequently, in April 2023, the plaintiff amended the complaint to include the third defendant.

Reportedly, the third defendant subsequently filed a motion to dismiss a supplemental summons and amended complaint alleging medical malpractice, lack of informed consent, and wrongful death, contending that the claims were time-barred by the statute of limitations. Continue Reading ›

New York Court Discusses Medical Malpractice Cases with Conflicting Evidence

Published on: March 18, 2024 | By DeFrancisco & Falgiatano

It is not uncommon for an expectant mother to receive care from one physician during her pregnancy and for another doctor to deliver her baby. If errors arise during the birthing process, then it may not immediately be clear who is liable. As demonstrated in a recent New York opinion delivered in a birth injury case, if there is conflicting evidence regarding a doctor’s involvement during delivery, the matter may need to proceed to trial. If you or your child sustained injuries due to inadequate treatment, it is wise to speak to a Rochester medical malpractice lawyer about your options.

History of the Case

It is alleged that the plaintiff mother had been receiving prenatal care from the defendant ob-gyn, a doctor associated with the defendant ob-gyn practice who had admitting privileges at the defendant hospital. The plaintiff mother presented to the defendant hospital with concerns about decreased fetal movement. She was admitted, and labor was induced; the labor progressed, but complications arose, including reported instances of bleeding and non-reassuring fetal heart rate.

It is reported that contrary to certain hospital records indicating the defendant ob-gyn’s involvement, they weren’t physically present during the plaintiff mother’s admission. The infant was born with severe health issues, including hypoxic encephalopathy and sepsis, and despite medical intervention, she passed away five days later. The plaintiff mother then brought a medical malpractice suit against the defendants. Defendants moved for summary judgment, which the plaintiff mother opposed. Continue Reading ›

New York Court Discusses COVID-19 Related Medical Malpractice Claims

Published on: March 4, 2024 | By DeFrancisco & Falgiatano

The COVID-19 pandemic caused unprecedented changes in the way we live our lives. Among other things, it altered the healthcare system and the level of care people could expect with regard to the diagnosis and treatment of the coronavirus. While some of the laws providing immunity to healthcare providers for actions taken in response to COVID-19 have been repealed, they nonetheless may still apply to older claims, as demonstrated by a recent opinion issued by a New York court in a nursing home negligence case. If you or someone you love sustained losses due to the negligence of healthcare providers in a nursing home setting, you have the right to pursue claims for your losses, and it is advisable to contact a Rochester medical malpractice lawyer as soon as possible.

Case Setting

It is reported that the plaintiff, acting as the administratrix of the decedent’s estate, filed a lawsuit alleging that the defendant’s negligence led to the decedent’s death from COVID-19. The complaint asserted that the defendant failed to implement proper infection control measures despite prior warnings, resulting in the decedent’s death. The plaintiff’s claims included violations of Public Health Law, negligence, gross negligence, and wrongful death. The defendant moved to dismiss these claims under various immunity defenses provided by state and federal laws, including the New York State Emergency or Disaster Treatment Protection Act (EDTPA), the federal Public Readiness and Emergency Preparedness Act (PREP Act), and New York State Executive Order No. 202.10.

COVID-19 Related Medical Malpractice Claims

The court reviewed the defendant’s motion to dismiss, considering whether the plaintiff’s claims fit within any cognizable legal theory. Regarding the causes of action for negligence, violations of Public Health Law, and wrongful death, the court found that the EDTPA provided immunity to healthcare facilities like the defendant for actions taken in response to the COVID-19 pandemic. Although the EDTPA was repealed, the repeal did not apply retroactively as established in previous appellate division rulings. As such, the court found that the defendant was entitled to immunity under the EDTPA, leading to the dismissal of these claims. Continue Reading ›

New York Court Explains Medical Malpractice Claims Against Federal Employees

Published on: February 20, 2024 | By DeFrancisco & Falgiatano

In treatment settings, a patient will receive care from multiple providers. As such, if the patient subsequently suffers injuries due to the treatment provided, they will seek damages from everyone doctor that contributed to their harm. In such instances, it is important to name the correct parties and pursue the claims in the appropriate jurisdiction, as demonstrated by a recent opinion issued in a New York case involving medical malpractice claims against a federal employee. If you were hurt by a careless doctor, you may be owed damages, and you should speak to a Rochester medical malpractice lawyer about your options.

Procedural and Factual History of the Case

It is alleged that in August 2021, the plaintiffs, acting as parents and natural guardians of their infant child, filed a negligence and medical malpractice suit against several defendants, including a medical doctor employed by the United States Army, who was accused of multiple errors during the delivery of the child. Later, plaintiffs voluntarily dismissed their claims against the doctor upon learning of his federal employment status.

It is reported that another defendant, however, filed a third-party complaint against the army doctor, seeking indemnification and contribution. The army doctor removed the third-party action to federal court and moved to substitute the United States as a party and dismiss the action, or alternatively, to stay the proceedings. Plaintiffs joined the army doctor’s motion to dismiss and remand the case back to state court, indicating they did not intend to add the army doctor or the United States as parties. Continue Reading ›

New York Court Discusses Liability in Medical Malpractice Cases

Published on: February 15, 2024 | By DeFrancisco & Falgiatano

Improperly performed surgical procedures can worsen health issues and cause lasting pain. As such, people harmed by such medical errors will often seek redress via medical malpractice lawsuits. When faced with such claims, doctors will rarely admit liability, but unless they adequately refute the plaintiffs’ allegations, the claims against them will likely be presented to a jury, as demonstrated in a recent New York case. If you sustained losses due to a negligently performed procedure, it is advisable to talk to a Rochester medical malpractice lawyer about what damages you may be able to pursue against the provider responsible for your harm.

Case Setting

It is reported that the plaintiff underwent surgery to alleviate lower back pain. The defendant surgeon performed the procedure at the defendant hospital. Following the initial surgery, the plaintiff experienced severe and persistent pain in her lower back, leading to subsequent surgeries. She subsequently filed a medical malpractice action, alleging negligence on the part of the surgeon and claiming severe personal injuries resulting from the surgeries. The defendants moved for summary judgment.

Allegedly, in support of their motion, the defendants submitted an expert affirmation stating that the surgeries were performed correctly and that any injuries sustained were not medically plausible consequences of the surgeries. Despite this, the expert did not provide an alternative explanation for the injuries. As such, the trial court denied the defendants’ motion and issued an order dismissing the complaint. The defendants appealed. Continue Reading ›

Court Discusses Spoliation Sanctions in New York Medical Malpractice Cases

Published on: January 17, 2024 | By DeFrancisco & Falgiatano

Many people residing in skilled nursing facilities are considered fall risks and require extra care to ensure their safety. If such fall prevention measures are not properly employed, it can result in serious harm. In most cases, plaintiffs pursuing claims against nursing facilities following falls must rely on circumstantial evidence to demonstrate fault, but in some instances, direct evidence, like surveillance footage, exists. If the defendant fails to preserve such evidence, though, it may damage the plaintiff’s claims and may be grounds for instituting sanctions. In a recent New York opinion issued in a medical malpractice case, the court discussed when sanctions are appropriate for spoliation, ultimately determining that they were not warranted. If you or a loved one suffered harm due to the negligence of a doctor, it is smart to speak to a Rochester medical malpractice attorney as soon as possible.

Facts of the Case

It is reported that in October 2013, the decedent entered the defendants’ nursing center. The decedent, wheelchair-bound and suffering from various medical conditions, including dementia, had a history of falls. Despite being considered a high risk for falls, she fell numerous times during her stay, suffering serious harm. The surveillance video capturing her first fall was automatically overwritten two weeks later. The decedent passed away in April 2015 due to aspiration pneumonia and sepsis.

Allegedly, in November 2016, the plaintiffs filed a lawsuit against the defendants asserting medical malpractice and other claims. The plaintiffs then sought spoliation sanctions against the defendants for not preserving the surveillance video. The trial court denied the plaintiff’s motion and granted the defendant’s motion for summary judgment. The plaintiffs appealed. Continue Reading ›

New York Court Explains Extensions of Time to Serve a Medical Malpractice Complaint

Published on: January 9, 2024 | By DeFrancisco & Falgiatano

The New York Civil Practice Laws and Rules set forth the requirements for pursuing medical malpractice claims against healthcare providers. Among other things, the rules dictate that a plaintiff must serve the initial pleading on the named defendants in a specified time and manner. If the plaintiff is unable to effectuate such service, though, they may seek leave of court to serve a defendant by other means. In a recent opinion delivered in a New York medical malpractice case, the court discussed when granting such leave is appropriate and ultimately granted the plaintiff’s request. If you or someone you love sustained injuries due to incompetent medical care, you may be able to recover damages in a medical malpractice lawsuit, and it is wise to confer with a Rochester medical malpractice lawyer to discuss your possible claims as soon as you can.

History of the Case

It is alleged that the plaintiff, the administratrix of the decedent’s estate, initiated legal proceedings against the defendant, alleging wrongful death, medical malpractice, lack of informed consent, and negligence. The plaintiff filed a motion seeking an order to extend the time for serving the defendant with the summons and complaint. The trial court granted the motion. The plaintiff then filed a second motion requesting an extension of time to serve the defendant and leave to serve the defendant via alternative means of service; the plaintiff intended to serve the defendant at the email address provided by his former employer. The trial court denied the plaintiff’s motion, after which the plaintiff filed an appeal.

Grounds for Extending the Time to Serve a Complaint

On appeal, the court unanimously reversed the trial court’s order, finding that the trial court improvidently exercised its discretion in denying the plaintiff a second extension to serve the defendant under the applicable rules of procedure. The court explained that the plaintiff established good cause for the late service by providing evidence of diligent efforts, including attempting service at an Ohio address and the defendant’s last known New York address. Continue Reading ›