Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Patients trust their doctors to recognize the red flags hidden in lab results and to act quickly when those results suggest something serious. When physicians overlook or fail to communicate critical findings, patients can lose valuable time in fighting diseases like cancer. In such instances, the injured party will often seek accountability via medical malpractice claims, but if they do so without adequate expert support, their claim may be dismissed. A recent decision from a New York court shows how disputes over expert testimony can decide whether a malpractice claim is dismissed or moves forward. If you or a loved one has suffered because of a delayed cancer diagnosis, it is essential to seek legal advice from a Syracuse medical malpractice attorney who can ensure your voice is heard.
History of the Case
It is reported that the plaintiff was under the care of his primary physician, who ordered bloodwork, including prostate-specific antigen testing, in 2016, 2017, and 2018. The plaintiff’s PSA levels rose above the normal range in 2017 and again in 2018. In April 2017, the physician referred the plaintiff to a urologist, but the referral listed only hematuria as the reason, omitting any mention of elevated PSA results.
Allegedly, the plaintiff did not pursue a urological evaluation until 2019, after changing doctors. A new physician referred him to another urologist, who performed a biopsy that revealed prostate cancer. The plaintiff then commenced a malpractice action in 2021 against the physician and associated medical practices, asserting that the delay in diagnosis caused his condition to worsen.
It is reported that in 2023, the defendants moved for summary judgment, arguing that the physician complied with accepted medical practice by referring the patient to a specialist and that the plaintiff’s failure to follow through caused the delay. The trial court agreed and dismissed the case. The plaintiff appealed.
Sufficiency of Expert Testimony in Medical Malpractice Cases
On appeal, the court considered the defendants’ evidence, which included an expert affidavit stating that a primary care physician’s responsibility is limited to referral and that further testing should be handled by a urologist. The defendants’ expert asserted that the plaintiff’s cancer developed independently of any alleged oversight by the physician.
It is reported, however, that the plaintiff submitted a competing expert opinion. The plaintiff’s expert argued that a referring physician must provide the specialist with complete and accurate clinical information, including abnormal test results. The expert also opined that the physician should have repeated the PSA test within weeks of the initial abnormal result to confirm the finding and potentially prompt earlier intervention.
Because these opinions directly conflicted on whether the physician departed from accepted practice and whether that departure contributed to the delayed diagnosis, the court concluded that summary judgment was inappropriate. The court emphasized that conflicting expert testimony on issues of medical judgment creates triable questions of fact for a jury to resolve, not grounds for dismissal. It therefore reversed the lower court’s order and reinstated the malpractice claims.
Talk to a Knowledgeable Rochester Medical Malpractice Attorney
When patients receive abnormal test results, it is critical for their health care providers to communicate the meaning of such results and recommend appropriate follow-up care. If you believe you have been harmed by a delayed diagnosis or a physician’s failure to properly address test results, you should talk to an attorney about what evidence you must produce to demonstrate liability. The knowledgeable medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can assess your case and help you evaluate your options. Contact us today at 833-200-2000 or online to schedule a free and confidential consultation.
