Rochester Medical Malpractice and Personal Injury Lawyer Blog

Court Discusses Sanctions for Spoliation of Evidence in New York Medical Malpractice Cases

Published on: December 10, 2022 | By DeFrancisco & Falgiatano

Medical records are a critical component of establishing liability in medical malpractice cases. As such, if a hospital named as a defendant in a medical malpractice case fails to retain records regarding a plaintiff’s treatment, it may be sanctioned by the court. Generally, though, the court will not impose the drastic remedy of striking the defendant’s pleading, as demonstrated in an opinion recently delivered by a New York court. If you sustained losses because of a doctor’s negligence, you should speak to a Rochester medical malpractice lawyer about what evidence you may need to prove liability.

The Facts of the Case

It is reported that the plaintiff, who was born at the defendant’s medical center, suffered injuries during her birth. She subsequently filed a lawsuit against the defendant, setting forth claims of medical malpractice, lack of informed consent, and negligent hiring and supervision. The defendant moved for summary judgment dismissal of the plaintiff’s lack of informed consent and negligent hiring and supervision claims.

Allegedly, the plaintiff cross-moved for summary for spoliation sanctions on the grounds that the defendant failed to preserve the plaintiff’s fetal monitoring strips. The trial court granted the defendant’s motion and denied the plaintiff’s motion while granting her leave to renew the motion to the extent it sought an adverse inference instruction at trial. The plaintiff then appealed. Continue Reading ›

New York Court Discusses Notice Requirements in Medical Malpractice Claims Against Public Corporations

Published on: December 5, 2022 | By DeFrancisco & Falgiatano

New York law dictates that people who want to pursue medical malpractice claims against their healthcare providers must do so within a specified timeframe. In addition to complying with the statute of limitations for medical malpractice claims, parties seeking compensation from a public entity must abide by the notice requirements as well. As indicated in a recent opinion issued by a New York court, the failure to adhere to such requirements may be fatal to a claim. If you were harmed by the negligence of your physician, you may be owed damages, and you should meet with a Rochester medical malpractice lawyer as soon as possible.

Background of the Case

It is alleged that the plaintiff filed a petition for leave to file late notice of claim against the defendant. The claim sounded in medical malpractice and arose out of the treatment the plaintiff received at a facility operated by the defendant, a public corporation. The trial court denied the plaintiff’s petition for leave, and the plaintiff appealed.

New York Law Regarding Notice in Medical Malpractice Claims

On appeal, the court found that the trial court wisely exercised its discretion in denying the plaintiff’s petition for leave to file late notice of claim and affirmed the trial court ruling. Pursuant to New York’s General Municipal Law 50-e, a party that wishes to pursue a medical malpractice claim against a public corporation must provide the corporation with notice of the claim within ninety days of when the claim accrued or within a reasonable time after. If they neglect to offer such notice, their claim may be dismissed. Continue Reading ›

New York Court Analyzes the Authorized Emergency Vehicle Standard in Car Accident Cases

Published on: November 29, 2022 | By DeFrancisco & Falgiatano

Generally, a plaintiff seeking damages in a lawsuit arising out of a motor vehicle collision must demonstrate the defendant’s negligence in order to prevail. In some instances, though, other standards of care will apply. For example, a defendant that causes a crash while operating an authorized emergency vehicle will only be deemed liable if they acted with reckless disregard. The authorized emergency vehicle standard only applies in limited circumstances, however, as demonstrated in an opinion recently issued by a New York court. If you sustained injuries in a collision caused by someone else’s careless driving, you should speak to a Rochester personal injury attorney about your potential claims.

Factual Background of the Case

Allegedly, the plaintiff suffered injuries after his vehicle and the defendant’s vehicle collided. At the time of the crash, the defendant, who was a volunteer member of an ambulance squad, was responding to a call. The defendant was driving his personal vehicle behind the plaintiff’s vehicle and attempted to pass the plaintiff on the left at the same time the plaintiff attempted to make a left-hand turn.

Reportedly, the plaintiff filed a lawsuit against the defendant, alleging that his negligence brought about the crash. The defendant moved for summary judgment, arguing that he was driving an authorized emergency vehicle and, therefore, his conduct was measured under the reckless disregard standard. He further asserted that as he was not reckless as a matter of law, the claims against him should be dismissed. The trial court granted the defendant’s motion, and the plaintiff appealed. Continue Reading ›

Court Discusses Evidentiary Rulings in New York Medical Malpractice Cases

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

In New York medical malpractice cases, which party prevails depends in large part on who offers more compelling expert testimony. Thus, it is not uncommon for one party to try to prevent the other from presenting an expert at trial. It is within the trial court’s discretion as to whether to preclude expert testimony, however, and in most instances, such determinations cannot be challenged prior to trial, as demonstrated in a recent New York ruling issued in a medical malpractice lawsuit. If you suffered harm because of negligent care provided by a physician, you might be owed compensation, and you should contact a Rochester medical malpractice attorney as soon as possible.

History of the Case

It is alleged that the defendants provided the plaintiff mother with obstetric care throughout the course of her pregnancy and delivered her child. The child was born prematurely and suffered serious complications, including periventricular leukomalacia and polymicrogyria. The plaintiff mother subsequently filed a lawsuit asserting medical malpractice claims against the defendants individually and on behalf of her son.

Reportedly, the defendants subsequently moved to preclude the plaintiff’s expert from offering certain medical opinions at trial. The court granted the motion, but only in part. Specifically, the orders granted the portion of the defendants’ motion in which they requested that the court preclude the plaintiff’s expert from opining that polymicrogyria can be caused by post-delivery events but declined to preclude the expert from offering an opinion that polymicrogyria could be caused by prematurity, extreme prematurity, intraventricular hemorrhage, or periventricular leukomalacia. As such, the defendants appealed, arguing that the trial court abused its discretion in issuing its ruling. Continue Reading ›

Court Discusses Proving a Doctor Proximately Caused a Patient’s Harm Under New York Law

Published on: November 13, 2022 | By DeFrancisco & Falgiatano

Under New York law, establishing liability in a medical malpractice case requires a plaintiff to establish that the defendant departed from the applicable standard of care and that such a departure caused the plaintiff harm. If the plaintiff is unable to offer evidence sufficient to meet their burden, their claims may be dismissed, as illustrated in a recent New York ruling. If you sustained injuries because of the carelessness of your treatment provider, it is advisable to consult a Rochester medical malpractice attorney to determine whether you may be able to pursue damages in a civil lawsuit.

Factual Background of the Case

It is reported that the plaintiff visited the defendant medical center after he suffered injuries in a slip and fall accident. The defendant doctor assessed and treated him upon arrival at the center. The plaintiff subsequently sustained unspecified losses, which he attributed to the care he received from the defendants. As such, he instituted a medical malpractice lawsuit against them, in which he asserted that the defendant doctor’s negligence caused his harm and the defendant medical center was vicariously liable for the defendant doctor’s negligence. The defendants moved for summary judgment, but the court denied their motions. They then appealed.

Proving a Doctor Proximately Caused a Patient’s Harm

On appeal, the court reversed the trial court ruling and dismissed the plaintiff’s complaint in its entirety. The court explained that defendants in medical malpractice cases bear the burden of showing that the evidence, on its face, establishes that they did not deviate from the accepted practice of medicine, or if they did, that their departure did not proximately cause the plaintiff’s losses. Continue Reading ›

New York Court Discusses Proof Needed to Establish Liability for Negligently Prescribed Medication

Published on: November 5, 2022 | By DeFrancisco & Falgiatano

Many medications have side effects, and while generally, the benefits provided by such drugs outweigh any potentially detrimental consequences, doctors must assess each patient’s risk factors to determine whether a medication is appropriate. Doctors that recklessly prescribe medications may be held accountable for any harm caused by their carelessness, but merely because a patient is harmed by a side effect of a drug does not mean a doctor committed malpractice, as shown in a recent New York ruling. If you suffered harm because of a negligently prescribed medication, you might be owed damages, and it is in your best interest to talk to a Rochester medical malpractice attorney as soon as possible.

The Facts of the Case

It is reported that the plaintiff, a university student, visited a doctor at the school’s counseling services for mental health care. The doctor assessed the plaintiff as having general anxiety and directed her to see the defendant. The defendant diagnosed the plaintiff with major depressive disorder and generalized anxiety disorder and prescribed her a selective serotonin reuptake inhibitor (SSRI).

Allegedly, three months later, the plaintiff fell off of a subway station in New York City and was struck by a train. She subsequently filed a medical malpractice lawsuit against the defendant, alleging she negligently prescribed her the SSRI in an improper dosage without informing her of the side effects or conducting a thorough exam. The defendant moved for summary judgment. Continue Reading ›

Court Explains New York’s Serious Injury Threshold in Car Accident Cases

Published on: October 27, 2022 | By DeFrancisco & Falgiatano

People injured in car accidents will often pursue claims against the person that caused the collision. Pursuant to New York law, though, people involved in car crashes can only recover damages if they suffer serious harm. Recently, a New York court discussed the serious injury threshold in a matter in which it ultimately dismissed the plaintiff’s complaint. If you were harmed in a collision, you could be owed compensation, and you should consult a Rochester personal injury lawyer to discuss your case.

Procedural Background of the Case

It is reported that the plaintiff and the defendant were involved in a car crash. Specifically, the defendant, who was driving a tractor-trailer, rear-ended the plaintiff, who was driving an SUV. The plaintiff reportedly sustained injuries in the accident and, therefore, filed a personal injury lawsuit against the defendant driver and his employer. Following discovery, the defendants moved for dismissal of the plaintiff’s complaint via summary judgment on the grounds that the plaintiff had not demonstrated that he suffered a serious injury as required to recover damages. The trial court granted the defendants’ motion, and the plaintiff appealed.

New York’s Serious Injury Threshold in Car Accident Cases

On appeal, the court affirmed the trial court ruling. In doing so, it explained that under New York’s no-fault insurance system, people hurt in car accidents can only recover compensation if they sustain serious injuries. Serious injuries, the court noted, include personal injuries that result in permanent consequential limitation of use of a body part or organ, substantial limitation of a system or bodily function, or a medically determined impairment or injury that is non-permanent but prevents a person from performing all of their normal activities for at least 90 of the 180 days after the accident. Continue Reading ›

New York Court Examines the Continuing Treatment Doctrine

Published on: October 21, 2022 | By DeFrancisco & Falgiatano

New York imposes strict time limitations as to when a person can pursue medical malpractice claims. Thus, if a person injured by a negligent doctor fails to file a medical malpractice lawsuit within the statute of limitations, their claim will most likely be dismissed. As explained in a recent New York opinion issued in a medical malpractice case, though, there are certain situations when delays are acceptable, such as when the continuing treatment doctrine applies. If you sustained losses because of inadequate medical care, you should talk to a Rochester medical malpractice lawyer about your possible claims.

History of the Case

It is alleged that from January through April 2017, the plaintiff was hospitalized at the defendant medical center. During his stay, he developed severe pressure sores. He treated his sores with other providers following his discharge. In September 2018, he returned to the defendant medical center for an unrelated procedure. He continued to treat his sores in 2019 and, in July 2019, was evaluated at the defendant medical center for a worsening sore on his left hip joint that required surgery.

Reportedly, in September 2019, the plaintiff filed a medical malpractice case against the defendant. The defendant moved to dismiss the plaintiff’s claims as time-barred. The court denied the defendant’s motion, and it appealed. Continue Reading ›

New York Court Examines a Doctor’s Duty to Prevent a Patient’s Self-Harm

Published on: October 13, 2022 | By DeFrancisco & Falgiatano

Doctors have a duty to provide their patients with thorough and adequate care. This means that they must not only avoid causing their patients physical harm but also that, in some instances, they must prevent patients from harming themselves. The duty a doctor owes to a patient with ideation of self-harm was the topic of a recent New York opinion delivered in a medical malpractice case in which the court denied the defendant’s request for dismissal. If your loved one died due to the negligence of a doctor, it is in your best interest to confer with a Rochester medical malpractice lawyer to discuss what compensation you may be owed.

History of the Case

It is alleged that the defendant treated the decedent for chronic pain. Throughout the course of his care, the defendant prescribed the decedent opioids. Two years after the defendant began treating the decedent, the decedent saw a neurologist, who described the decedent as being depressed and having suicidal ideation. Shortly after that, the decedent died in his home. The medical examiner assessed his death as accidental and caused by acute combined intoxication with gabapentin and hydromorphone.

It is reported that the plaintiff subsequently commenced a lawsuit against the defendant asserting medical malpractice and wrongful death claims. The defendant moved for summary judgment, but the court denied the motion. The defendant then appealed. Continue Reading ›

New York Court Explains When Expert Testimony is Admissible in Medical Malpractice Cases

Published on: October 6, 2022 | By DeFrancisco & Falgiatano

The strength of a plaintiff’s medical malpractice case often hinges on the strength of their expert’s opinion. In other words, the more compelling the expert’s argument that the defendant caused the plaintiff’s harm is, the more likely it is that the jury will find in the plaintiff’s favor. Expert opinions must be more than merely persuasive, though, they must also be based on reliable facts and methods; if they are not, they may be deemed inadmissible. Recently a New York court discussed the admissibility of expert testimony in a medical malpractice case in which it precluded the plaintiff’s expert from testifying. If you suffered harm due to incompetent medical care, you could be owed damages, and you should talk to a Rochester medical malpractice lawyer about your possible claims.

The Background of the Case

It is alleged that the plaintiff’s son suffered a brachial plexus injury during birth. After the injury was deemed permanent, the plaintiff filed a medical malpractice lawsuit against the defendant, the doctor that delivered the infant. Among other things, she asserted that the defendant’s aggressive use of force on the infant’s head and shoulders caused the child’s harm. Prior to the trial, the defendant moved to bar the plaintiff’s expert from testifying that maternal labor forces could not have caused the infant’s injuries or that they would not have happened if the defendant had not moved the infant’s head.

When Expert Testimony is Admissible

The court granted the defendant’s motion. In doing so, it discussed when expert testimony is admissible. It stated that pursuant to the Federal Rules of Evidence, a person deemed an expert by their skill, education, training, knowledge, or expertise may offer their opinion as long as their testimony is based on adequate data or facts and is the product of reliable methods and principles that they have reliably applied. The opinion must also help the trier of fact determine a fact in issue or understand the evidence. Continue Reading ›