Syracuse Medical Malpractice and Personal Injury Lawyer Blog
When a resident dies after receiving care in a nursing or rehabilitation facility, the family may pursue several related claims against the facility, but each claim requires evidence tailored to its elements. Failing to provide that evidence can be fatal to those claims. This was demonstrated in a recent New York opinion that dismissed malpractice, wrongful death, statutory rights, and negligence claims against one facility after finding the opposing expert proof inadequate. If you are considering pursuing claims in a nursing home injury case, you should consult a Syracuse personal injury attorney to understand which records and expert opinions may be needed.
Case Setting
Allegedly, a patient received care at a nursing and rehabilitation facility and later died. Her representative claimed that negligent medical care at the facility caused the death. The opinion does not detail the specific treatment decisions or explain the medical cause of death, so the appellate ruling turns on the parties’ proof rather than on a full clinical narrative.
Reportedly, the representative filed suit in March 2021 against the facility operator and other defendants. The claims against the operator included medical malpractice, negligence, wrongful death, a nursing home resident-rights claim under Public Health Law section 2801-d, and negligence per se. The operator’s expert reviewed medical records and deposition testimony and concluded that the care met accepted practice and violated no applicable regulation. As such, the operator moved for summary judgment. The trial court refused to dismiss the claims against the operator, and the operator appealed.
How the Court Assessed the Facility Claims
To succeed on a medical malpractice claim, a plaintiff must show a departure from accepted medical practice that caused injury. Thus, to obtain summary judgment, the facility first had to show proper care or a lack of causation. If it met that burden, the plaintiff needed evidence creating a genuine factual dispute about the element the facility addressed. Here, the court held that the operator’s expert made the required initial showing through a review of the records and testimony.
The plaintiff’s expert response did not meet the burden of proof, however. The court found it conclusory and speculative and observed that it did not address specific opinions in the defense expert’s analysis. In doing so, the court explained that an expert’s disagreement must explain why the evidence supports a different conclusion. Because that explanation was missing, the court dismissed the malpractice claim against the operator. The court also dismissed the negligence and wrongful death claims because they depended on the same asserted malpractice.
The resident-rights claim required proof of injury from the deprivation of a right conferred by law, regulation, rule, or contract, subject to a facility-care defense. The operator’s expert stated that no applicable state or federal regulation had been violated. The plaintiff’s expert cited facts the record did not support or contradicted and offered only general statements about regulatory violations. The court found that response insufficient to preserve the statutory claim.
Finally, negligence per se would have required violation of a state statute imposing a specific duty. The operator initially showed that it had violated no such statute, and the plaintiff did not identify evidence creating a trial issue. As such, the court reversed the trial court’s order and dismissed the complaint as to this operator.
Consult a Knowledgeable Syracuse Medical Malpractice Attorney
Families may need to examine treatment records, facility rules, and the precise basis for each claim after an injury or death in long-term care. If your loved one suffered harm in a nursing facility, it is important to understand your rights, and you should speak with an attorney. The knowledgeable Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can inform you of your options and help you to seek the justice you deserve. Call 833-200-2000 or contact the firm online for a free, confidential consultation. The firm serves Syracuse, Rochester, and communities throughout Upstate New York.
