In emergency care settings, medical providers must quickly evaluate and treat injuries based on available information. However, patients also bear responsibility for following through with recommended care, and if they fail to do so, it may undermine any medical malpractice claims they later choose to pursue, as demonstrated in a recent New York decision. If you were harmed due to suspected negligence in a hospital setting, a knowledgeable Syracuse medical malpractice attorney can help evaluate your potential claims.
Facts of the Case and Procedural Setting
It is reported that the plaintiff was transported to the emergency department of a hospital operated by the defendant after sustaining a forearm laceration in a workplace accident on November 2, 2016. At the hospital, the injured plaintiff received an X-ray, wound cleaning, sutures, and dressing. He was discharged the same day with instructions to return for a follow-up appointment within two days.
It is alleged that the injured plaintiff did not return to the hospital for his scheduled follow-up visit but instead consulted with unaffiliated physicians. The plaintiff ultimately underwent surgery to repair several damaged tendons in his forearm. He and his spouse subsequently filed a lawsuit alleging that the hospital failed to properly diagnose and treat his injuries during the emergency department visit. The plaintiffs contended that the failure to detect and promptly repair the tendon damage constituted a deviation from accepted medical practice. The defendant hospital moved for summary judgment, seeking dismissal of the complaint on the grounds that its care was appropriate and did not cause the plaintiff’s injuries. The trial court denied the motion in part, allowing the medical malpractice claim to proceed. The hospital appealed.
Demonstrating Fault in Medical Malpractice Cases
The court ultimately reversed the lower court’s ruling and dismissed the medical malpractice claim. The court began its analysis by reaffirming that, in order to prevail on summary judgment, a defendant must show either that there was no departure from accepted standards of care or that any alleged departure did not proximately cause the plaintiff’s injuries. In this case, the defendant met its burden by submitting an expert physician’s affirmation. The expert opined that the emergency department’s treatment complied with accepted medical standards and that any missed diagnoses were unrelated to the plaintiff’s outcome, especially given his failure to return for follow-up care.
The burden then shifted to the plaintiff to raise a triable issue of fact. The court concluded that the plaintiff failed to do so. Specifically, the expert affidavit submitted by the plaintiff did not adequately address the hospital’s arguments regarding causation. The expert failed to engage with the significance of the plaintiff’s missed follow-up appointment or explain how earlier intervention would have prevented the need for surgery. The court emphasized that speculative or conclusory opinions cannot create factual disputes sufficient to defeat summary judgment.
Because the plaintiff’s expert failed to directly rebut the defense expert’s explanation for the treatment decisions or causation, the court held that the plaintiffs did not establish a sufficient basis to proceed to trial. As a result, the court granted summary judgment and dismissed the medical malpractice cause of action.
Meet with a Seasoned Syracuse Medical Malpractice Attorney
Medical malpractice claims must be supported by strong evidence linking healthcare decisions to the harm suffered, and a patient’s failure to follow post-treatment instructions can seriously weaken a legal claim. If you have concerns about the care you received during a hospital visit or believe a provider missed a critical diagnosis, you may have a viable claim, and you should talk to an attorney. The seasoned Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers have ample experience handling claims against negligent providers, and we can help you seek any compensation available. Contact us at 833-200-2000 or reach out online to schedule a consultation to discuss your case.