In medical malpractice cases, the parties typically rely on the judge to rule in accordance with the law. Unfortunately, judges do not always interpret facts or the law properly and may issue orders that are clearly erroneous. Fortunately, there is an appeals process parties can employ if they feel a court’s ruling is improper. Recently, a New York court discussed what issues may be considered on appeal in a medical malpractice case, in a matter in which the plaintiff’s claims were unjustly dismissed. If you were harmed by an incompetent doctor, it is in your best interest to meet with a Syracuse medical malpractice lawyer to discuss what damages you may be owed.
Facts of the Case
Allegedly, after suffering a fall, the plaintiff was transported by EMS to the defendant hospital’s emergency department. The plaintiff, who was purportedly complaining of acute pain in her lower back, was examined by the defendant doctor. He ultimately advised her to take pain medication and sent her home. She returned to the hospital shortly thereafter, complaining of significant discomfort. The defendant doctor examined the plaintiff once again, after which he admitted her to the hospital.
It is reported that diagnostic testing was ordered a few hours later, and it was discovered that the plaintiff had suffered a rib fracture by her left kidney. It was determined that her left kidney was bleeding, and she ultimately had to undergo surgery to remove the kidney. The plaintiff filed the subject lawsuit, asserting medical malpractice claims against the defendants. The case went to trial, and the defendant doctor tried to limit the plaintiff’s damages by excluding any claim for pain and suffering that she endured before her kidney was removed. The court granted the defendant’s motion, and the court ultimately entered a judgment as a matter of law in favor of the defendant. The plaintiff appealed. Continue reading