Rochester Medical Malpractice and Personal Injury Lawyer Blog

New York Court Discusses Proximate Cause in a Car Accident Case

Published on: August 28, 2022 | By DeFrancisco & Falgiatano

New York law requires that motorists operate their vehicles in a safe manner and comply with traffic laws. Regardless, car accidents are common, and they usually occur because a person drove recklessly, in violation of the law. People hurt in collisions can pursue claims against the party responsible for their harm, but they must prove fault to recover damages. A defendant will rarely concede liability in a car accident case; on the contrary, many argue that they are not at fault and will ask the court to dismiss the case. In a recent New York ruling, a court explained what a defendant must establish to obtain judgment in their favor as a matter of law in a case arising out of a collision. If you sustained injuries in a car accident, you might be owed damages, and you should contact a Rochester personal injury attorney to discuss your case.

Procedural History of the Case

It is alleged that the plaintiff suffered injuries in a car accident involving the defendant. The accident occurred when the plaintiff, who was making a U-turn from a bus lane, was struck by a vehicle owned by the defendant company and operated by the defendant driver. The defendants moved for dismissal via summary judgment dismissing the complaint. The court denied their motion, and they appealed.

Summary Judgment in Car Accident Cases

On appeal, the trial court ruling was affirmed. The court explained that a defendant moving for dismissal via summary judgment in a personal injury case must show, prima facie, that they were not the proximate cause of the plaintiff’s harm. As there can be multiple proximate causes of an accident, a defendant asking for summary judgment in their favor must show that they are free from fault as a matter of law. Continue Reading ›

New York Court Discusses Statute of Limitations in Medical Malpractice Cases Involving Minors

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

People harmed by incompetent medical professionals have a limited amount of time to pursue their claims. If they fail to file a medical malpractice lawsuit within the statute of limitations, they will typically lose the right to recover damages, as illustrated in a recent New York ruling in which the court dismissed the plaintiff’s case, rejecting her assertion that it sounded in negligence rather than medical malpractice. If you were injured by a reckless physician, you should confer with a Rochester medical malpractice attorney as soon as possible to avoid waiving your potential claims.

Factual and Procedural History

It is alleged that the defendant was a resident in the hospital where the plaintiff was delivered and attended to the plaintiff’s mother during her March 1999 birth. The defendant allegedly dropped the plaintiff on the floor of the delivery room immediately after she was born. In January 2020, the plaintiff filed a medical malpractice lawsuit against the defendant.

Reportedly, the defendant moved to dismiss the complaint on the grounds that it was barred by the statute of limitations. The plaintiff opposed the motion, arguing that the statute of limitations for negligence, rather than medical malpractice, applied. The court denied the defendant’s motion, and the defendant appealed. Continue Reading ›

Court Remands Medical Malpractice Case Arising Out of Treatment for COVID-19 to New York State Court

Published on: August 14, 2022 | By DeFrancisco & Falgiatano

Most New York medical malpractice cases are filed in state court. In some instances, though, a defendant will move a case to federal court. Federal courts can only hear certain cases, however, and if a court founds that it lacks jurisdiction over a matter, it will remand the case back to the state level. This was illustrated recently in a New York ruling issued in a medical malpractice case in which the court remanded the matter due to its lack of subject matter jurisdiction. If you were hurt by the carelessness of a healthcare provider, it is in your best interest to talk to a Rochester medical malpractice attorney about your options for pursuing damages.

Procedural History of the Case

It is alleged that the decedent was a resident of the defendant’s nursing home for two months in 2020. Toward the end of her residency, her condition declined, and she was diagnosed with COVID-19; she died later that same day. The plaintiff, the administrator of the defendant’s estate, subsequently filed a medical malpractice case against the defendant in state court, alleging, among other things, that the decedent died due to the defendant’s failure to take safety precautions during the pandemic. The defendant moved the case to federal court under the assertion that the complaint arose under federal law pursuant to the Public Readiness and Emergency Preparedness (PREP) Act. The plaintiff then moved to remand the case back to state court.

Federal Jurisdiction in Medical Malpractice Cases

Upon review, the court granted the plaintiff’s motion. The court clarified that a defendant bears the burden of proving that removal is proper; as the defendant failed to meet its burden in this case, the court was required to remand the matter back to state court. Continue Reading ›

New York Court Explains Consequences of Failing to Comply with Discovery in a Medical Malpractice Case

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

Medical malpractice cases are typically document-intensive, as both plaintiffs and defendants rely on medical records to support their positions, and discovery is a critical component of such cases. As such, if a party fails to comply with discovery requests, it may greatly impair their opponent’s ability to prove their claim or defense. The courts take a party’s refusal to answer discovery requests seriously and, as shown in a recent New York opinion issued in a medical malpractice case, may find it constitutes grounds for dismissing a case in its entirety. If you suffered injuries due to a negligently performed procedure, you might be owed compensation, and you should speak to a Rochester medical malpractice attorney to determine your rights.

History of the Case

It is alleged that the plaintiff, who was from South Korea, presented to the defendant’s office for gynecologic care in November 2017. At that time, the defendant confirmed that the plaintiff was five weeks pregnant. Later that week, the defendant performed an abortion on the plaintiff, which the plaintiff alleged deviated from the accepted and good practice of medicine.

Reportedly, the plaintiff returned home to South Korea the following month, where a doctor advised her that she was nine weeks pregnant with an unhealthy fetus that was likely to suffer birth defects. She underwent a second abortion procedure that was successful. She subsequently filed a medical malpractice lawsuit against the defendant, arguing that the negligently performed abortion caused her to sustain permanent losses and rendered her unable to work for several months. Continue Reading ›

New York Court Discusses Establishing a Psychiatrist’s Liability for the Actions of a Patient

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

Many people struggle with mental health issues that lead to self-harm. Fortunately, psychiatrists can often offer treatment that prevents people from fatally injuring themselves. If a patient that sought mental health care subsequently takes their own life, their treating provider may be held accountable. In a recent New York opinion, a court discussed what a plaintiff must prove to establish liability for the actions of a psychiatric patient in a matter in which the plaintiff was ultimately denied recovery. If you suffered losses due to a negligent psychiatrist, it is smart to speak to a Rochester medical malpractice attorney about your rights.

The Factual Background

It is reported that the decedent visited the defendant’s hospital in November 2015 with scratches on his arms. The decedent advised the treating physicians that he tried to end his life via suicide. He was observed for 20 hours and then released. He died by suicide the following morning. The decedent’s estate then filed a medical malpractice lawsuit against the defendant. Following the completion of discovery, the defendant moved to dismiss the case via summary judgment. The court granted the motion, and the plaintiff appealed.

Establishing a Psychiatrist’s Liability for the Actions of a Patient

On appeal, the court affirmed the trial court ruling. In doing so, it explained that in order to hold a doctor or their employer accountable for harm resulting from the behavior of a psychiatric patient who was released, when their release is a matter of professional judgment, the plaintiff must prove that the doctor’s decision to release the patient was something less than a professional medical decision that was founded upon a thorough examination of the patient. Continue Reading ›

Court Examines the Standard of Liability for Collisions Involving Police Officers in New York

Published on: July 16, 2022 | By DeFrancisco & Falgiatano

Police and other first responders have the authority to activate emergency lights and sirens and travel in excess of the speed limit in certain circumstances. They must nonetheless do so with care, however, to avoid causing inadvertent harm. If a police officer operates their vehicle recklessly and collides with another motorist, they may be liable for negligence. Recently, a New York court discussed the standard of liability for police officers involved in collisions in a case in which it ultimately determined that the factual issues must be resolved by a jury. If you were hurt in a collision involving a first responder, it is prudent to meet with a Rochester personal injury attorney to discuss your possible claims.

Facts of the Case

It is alleged that the plaintiff was driving her vehicle when she was struck by a patrol car driven by the defendant sheriff, who was working on behalf of the defendant city. The defendant sheriff was in the process of responding to a dispatch regarding an armed robbery in progress at the time of the crash.

Reportedly, the defendant sheriff attempted to pass the plaintiff on the left when the plaintiff was making a left turn and hit the plaintiff’s car. The plaintiff, who suffered injuries in the accident, filed negligence claims against the defendants. The defendants moved for summary judgment, but their motion was denied. They appealed. Continue Reading ›

New York Court Explains Vicarious Liability in the Hospital Setting

Published on: July 8, 2022 | By DeFrancisco & Falgiatano

Under New York law, employers can be held accountable for the negligent behavior of their employees in certain situations. For example, a hospital may be liable for injuries that arise out of incompetent care rendered by a physician it employs. Vicarious liability will only be imposed on hospitals in certain situations, however, as demonstrated by a recent New York ruling issued in a medical malpractice case. If you were injured by a reckless physician in a hospital, you might be able to recover compensation, and you should consult a Rochester medical malpractice attorney as soon as possible.

Facts of the Case

It is reported that the plaintiff underwent surgery at the defendant hospital. Following his procedure, he developed gangrene in his left foot. His foot ultimately had to be amputated. He subsequently instituted medical malpractice claims against the doctor that provided his post-operative care and against the hospital on a theory of vicarious liability. The defendant hospital asked the court to dismiss the claims against them via a motion summary judgment. The court denied the defendant’s motion, after which the defendant filed an appeal.

Vicarious Liability in the Hospital Setting

The trial court ruling was affirmed on appeal. The court explained that generally, pursuant to the doctrine of respondeat superior, a hospital may be held vicariously liable for the malpractice or negligence of its employees while acting within the scope of employment. Hospitals will not be held vicariously liable, however, for negligent care offered by an independent physician, for example, when the doctor is retained by the patient themselves. Continue Reading ›

New York Court Examines Liability Arising Out of the Reckless Disregard for the Safety of Others

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

Generally, in a lawsuit arising out of a car accident, the party named as a defendant will be the driver of a vehicle involved in the collision. In some cases, though, other parties may be deemed liable for harm arising out of a car accident. Specifically, as shown in a recent New York ruling issued in a car crash case, if a person drives with reckless disregard for the safety of others, they could be found liable for any harm that ensues, even if they were not involved in the crash. If you were injured in a collision, it is wise to consult a Rochester, personal injury attorney about your potential claims.

The Facts of the Case

It is reported that in November 2011, the plaintiffs, who were police officers, were driving in a police vehicle. They then witnessed a high-speed chase involving another police department and the defendant driver. The defendant driver and the other police vehicle were driving at approximately 100 mph through a high-traffic area when the defendant driver lost control of his vehicle and collided with the plaintiffs’ vehicle.

Allegedly, the plaintiffs both suffered injuries, after which they filed a lawsuit against the defendants. The defendant police officers filed a motion for summary judgment, arguing that they could not be deemed liable for the collision as they were not involved in the collision. The trial court granted the motion, and the plaintiffs appealed. Continue Reading ›

New York Court Examines Medical Malpractice Claims Pursued by Non-Patients

Published on: June 19, 2022 | By DeFrancisco & Falgiatano

Medical malpractice cases typically arise in the context of a doctor-patient relationship. In other words, the plaintiff will usually be a patient hurt by the defendant’s negligent care. Under New York law, however, a doctor may be held liable for medical malpractice for harm suffered by someone other than their patients. This was explained in a recent New York ruling issued in a case in which the plaintiff pursued claims against a psychiatrist following harm caused by the psychiatrist’s patient. If you were hurt because of a doctor’s carelessness, you might be owed damages, and it is in your best interest to consult a Rochester medical malpractice attorney.

The Facts of the Case

It is alleged that the plaintiff was kidnapped and sexually assaulted by a man who was treating with the defendant psychiatric clinic for mental health issues. The plaintiff subsequently filed a lawsuit against the man and against the clinic and its professionals. As to the psychiatric clinic defendants, the plaintiff asserted medical malpractice claims. The psychiatric clinic defendants moved for summary judgment, arguing they could not be liable for medical malpractice as the plaintiff was not their patient. The court disagreed and denied the motion, after which the defendant appealed.

Medical Malpractice Claims Pursued by Non-Patients

On appeal, the court affirmed the trial court ruling. The defendants argued that doctors usually only owe a duty of care to their patients and that there was no special relationship that extended that duty to the plaintiffs in this case. The court disagreed. Specifically, the court explained that mental health professionals or psychiatrists owe their patients a duty to exercise professional judgment and offer treatment using a proper medical foundation. In some instances, though, that duty extends to the narrow group of individuals that the physician could expect to be affected by the treatment, but also to the public at large as well. Continue Reading ›

New York Court Explains Burdens of Proof in Medical Malpractice Cases

Published on: June 12, 2022 | By DeFrancisco & Falgiatano

When people suffer harm in the course of receiving medical care, it is often due to the incompetence of their healthcare providers. Negligent healthcare providers, however, will rarely admit liability. In other words, the parties will dispute whether the medical acts in question were performed properly and, if not, whether they were the cause of the patient’s harm. Whichever party presents more compelling arguments typically prevails, but in some cases, the courts rule improvidently and dismiss a plaintiff’s medical malpractice case despite evidence that indicates they should be permitted to proceed with their claims. Recently, a New York court discussed the ground for granting summary judgment dismissal of medical malpractice claims in a case in which the plaintiff’s claims were ultimately reinstated. If you were hurt by a reckless physician, you should talk to a Rochester medical malpractice lawyer about your potential claims.

The Facts of the Case

It is reported that the plaintiff, who was 28 weeks pregnant, went to the defendant hospital with complaints of decreased fetal movement. The defendant’s residents examined the plaintiff, and the plaintiff was admitted to the hospital. The following morning the defendant ob-gyn examined the plaintiff’s fetal monitoring strip and recommended that the plaintiff’s care remain the same. The next day, a sonogram showed that the fetus had a weak heart rate, and the plaintiff underwent an emergency c-section.

Allegedly, the infant suffered severe brain damage due to the fact that he was deprived of oxygen before delivery. He died shortly after he was born. The plaintiff filed a medical malpractice and wrongful death lawsuit against the defendants. The defendant ob-gyn moved for summary judgment, and the court granted his motion. The plaintiff appealed. Continue Reading ›