Articles Posted in Cardiology Malpractice

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People that pursue medical malpractice claims often are required to produce their medical records, including mental health records, throughout the course of litigation. Such records often contain sensitive information, however, and some plaintiffs may be reluctant to provide them to the defendant without just cause. In a recent cardiology malpractice matter, a New York court set forth an opinion explaining what constitutes sufficient grounds to compel a plaintiff to provide authorizations for mental health records. If you sustained damages because of a negligent cardiologist, it is smart to consult a knowledgeable Syracuse cardiology malpractice lawyer to assess your potential claims.

The Plaintiff’s Harm

It is reported that the plaintiff presented to the defendant with multiple symptoms related to his underlying heart condition. The defendant subsequently performed surgery on the plaintiff, which the plaintiff alleged was done in a negligent manner, causing him to suffer injuries. As such, he filed a medical malpractice case against the defendant.

Allegedly, during discovery, the defendant asked the plaintiff to complete authorizations that would allow the defendant to obtain his mental health records. The plaintiff declined, and the defendant filed a motion to compel the plaintiff to comply with his request. The court denied the motion, and the defendant appealed. Continue reading

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People harmed by medical malpractice have the right to pursue damages, but they must do so within the applicable statute of limitations. Additionally, in certain circumstances, a plaintiff must comply with other statutory notice requirements, and the failure to do so may result in dismissal of the claims asserted. This was illustrated in a recent New York ruling in which the court denied the plaintiff’s motion for leave to serve a late notice of claim on the defendant hospital in a cardiology malpractice case. If you sustained harm because of a careless doctor, you could be owed damages, and it is wise to consult a dedicated Syracuse medical malpractice lawyer as soon as possible.

The Plaintiff’s Harm

Allegedly, in September 2016, the plaintiff was admitted to a hospital owned by the defendant municipal entity, where he was diagnosed with endocarditis. He was treated with antibiotics and released. A week after his discharge, he returned, and tests revealed that the infection spread to his brain. He was admitted to a second hospital owned by the defendant, where he was treated for infective endocarditis. He then had to undergo a surgical replacement of his mitral valve two months later.

It is reported that approximately a year and a half after his initial diagnosis, the plaintiff filed a medical malpractice case against the defendant, alleging it was negligent in failing to diagnose and treat his endocarditis. The plaintiff then filed a motion seeking leave to serve a late notice of claim on the defendant. The trial court denied the motion, and the plaintiff appealed. Continue reading

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In many medical malpractice cases in New York, the defendant will move to dismiss the plaintiff’s claim via summary judgment by arguing that no factual disputes remain and that upon review of the evidence, it is clear that the defendant did not harm the plaintiff. Usually, the primary basis for the defendant’s assertions is an affidavit from a medical expert. A plaintiff can argue in opposition to such a motion, though, by providing the report of its own expert to refute the defendants. Recently, a New York court issued an opinion discussing the grounds for granting or denying summary judgment in a case arising out of cardiovascular malpractice. If you sustained harm while treating for heart issues, you should speak to a knowledgeable Syracuse cardiology malpractice attorney about your potential claims.

The Decedent’s Care

It is reported that the decedent visited the defendant cardiologist with complaints of shortness of breath, lightheadedness, and other issues. The defendant performed a series of tests on the decedent and referred him for additional testing. After an echocardiogram revealed that the decedent was suffering from mildly dilated valves, the defendant advised him to follow up in one year.

Allegedly, the decedent never returned, and approximately two years after his initial visit, he died due to a ruptured aortic aneurysm. The plaintiff then filed a lawsuit against the defendant, alleging claims of medical malpractice. The defendant filed a motion for summary judgment, which the court denied. He then appealed. Continue reading

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