Articles Posted in Emergency Room Malpractice

Published on:

It is not uncommon for a defendant in a medical malpractice case in New York to seek dismissal of the plaintiff’s case via a motion for summary judgment. When a plaintiff’s claims are dismissed by a court via summary judgment, the plaintiff may be able to appeal if the evidence of record demonstrates the court ruled incorrectly. If a plaintiff fails to produce evidence in opposition to a motion for summary judgment, though, he or she must file a motion for leave to renew to ask the court to consider the new evidence. In a recent emergency room malpractice case, a New York court discussed the grounds for granting a motion for leave to renew following the dismissal of a claim. If you were harmed by negligent care in an emergency room, it is advisable to engage a knowledgeable Syracuse emergency room malpractice attorney who will gather the evidence needed to provide you with a strong chance of a winning outcome.

Factual History

It is reported that the plaintiff visited the emergency department of the defendant medical center for a laceration on his right hand. While he was at the defendant medical center, he was treated by a physician’s assistant. Due to unspecified harm, the plaintiff eventually filed a medical malpractice claim against the defendant. The defendant ultimately filed a motion for summary judgment. In opposition to the motion, the plaintiff produced an expert affidavit from an orthopedist. The court granted the motion for summary judgment. The plaintiff then filed a motion for leave to renew his opposition to the defendant’s motion for summary judgment and attached an expert affidavit from a physician’s assistant. The court denied the plaintiff’s motion, and the plaintiff appealed.

Grounds for Granting a Motion for Leave to Renew

In New York, a motion for leave to renew must be based on new facts that were not presented in the prior motion, but that are sufficient to change the court’s prior ruling. It is within the court’s discretion as to whether to grant a motion that arises out of facts that were within the moving party’s knowledge at the time of the prior motion. Regardless of whether the motion is based on facts that were known to the moving party at the time of the original motion, however, the motion for leave to renew must nonetheless set forth a reasonable justification for failing to present such facts during the pendency of the prior motion.

Continue reading

Published on:

Medical malpractice cases often hinge on the sufficiency of each party’s expert affidavit. In other words, if the defendant produces expert testimony demonstrating that he or she did not depart from the standard of care, and the plaintiff fails to produce an affidavit that disputes the defendant’s expert’s assertions, the case may be dismissed. A New York appellate court recently discussed the factors considered in determining whether a plaintiff’s expert affidavit is insufficient to prevent dismissal or merely indicates issues that need to be resolved with regards to credibility, in an emergency room malpractice case. If you or a loved one suffered injuries due to inadequate care provided in an emergency room, it is wise to consult a trusted Syracuse emergency room malpractice attorney to discuss your case.

Facts Regarding the Plaintiff’s Harm

It is alleged that the plaintiff’s decedent was involved in a motor vehicle collision, after which she was removed from her vehicle and transported via ambulance to a nearby high school, where she was then picked up by a helicopter and transferred to the defendant medical center. At the defendant center, she was assessed by the trauma team, and it was determined she was suffering from pericardial tamponade. She was then transferred to an operating room but suffered a cardiac arrest during her transport.

Reportedly, the defendant surgeon performed a thoracotomy and repaired a tear in her atrium while members of the team performed CPR, but the efforts to restore a natural rhythm to the decedent’s heart failed, and she died. The plaintiff commenced a lawsuit against the defendant medical center, and defendant surgeon, alleging medical malpractice. The defendants filed a motion for summary judgment, which was denied. The defendants then appealed.

Continue reading

Published on:

When a person wishes to pursue a medical malpractice claim in New York, he or she must not only prove that the defendant doctor negligently caused his or her harm, the person must also serve the defendant with the lawsuit within the statutorily prescribed timeframe. In other words, even if a lawsuit is filed within the appropriate time period, a party’s claim may nonetheless be dismissed if it is not properly served. A court of the appellate division of the Supreme Court of New York recently illustrated the importance of timely service, in a case in which the court affirmed the dismissal of an emergency room malpractice case. If you were harmed by inadequate care rendered by an emergency room physician, it is crucial to meet with a trusted Syracuse emergency room malpractice attorney regarding your harm and your potential claims.

Facts and Procedure of the Case

It is reported that the plaintiff visited the emergency department of the defendant hospital in November 2012. In December 2014, the plaintiff filed a malpractice lawsuit against the defendant hospital and defendant doctor, arising out of the defendant doctor’s alleged failure to diagnose the plaintiff with a large pneumothorax during his November 2012 emergency room visit. In September 2015, the plaintiff filed a motion to extend his time to serve the defendant doctor with the summons and complaint, which the court granted. In January 2016, a process server allegedly delivered a copy of the summons and complaint to a person of appropriate age and discretion at the defendant doctor’s place of business. Additionally, the process server mailed a copy of the summons and complaint to the defendant doctor at his place of business.

It is alleged that on April 2016, the plaintiff moved for leave to file a default judgment against the defendant doctor, due to his failure to enter an appearance or file a response to the complaint. The court granted the motion. The defendant doctor subsequently filed a motion to vacate the order granting the default judgment and to determine the validity of the service of process. The plaintiff filed a cross-motion for an extension of time to serve the defendant doctor with the complaint and summons. The court ultimately found that the defendant doctor was not properly served, vacated the order granting default judgment, and dismissed the plaintiff’s complaint as it pertained to the defendant doctor. The plaintiff appealed.

Continue reading

Published on:

When people have critical and acute health concerns, they typically visit the emergency room of a hospital to obtain immediate treatment and prevent further harm. If the treatment providers in the emergency room provide inadequate care however, it may cause the patient further harm. A New York appellate court recently addressed what a plaintiff seeking to assert an emergency room malpractice claim must prove. If you sustained harm due to negligent care rendered in an emergency room, it is critical to consult a seasoned Syracuse emergency room malpractice attorney regarding your potential claims.

Facts Regarding the Plaintiff’s Treatment

Reportedly, the plaintiff was taken to the emergency room of the first defendant hospital after she was found lying on the sidewalk by the police. She arrived at the hospital at 10:29 pm but left against medical advice at 1:20 am. She then arrived at the emergency room of the second defendant hospital at 1:35 am and was triaged at 1:39 am. The plaintiff was treated by the defendant physician, who ordered a CT scan of her head. The results of the scan indicated that the plaintiff suffered multiple hemorrhages and obstructive hydrocephalus.

It is alleged that upon review of the scans, the physician indicated that the plaintiff needed to undergo immediate surgery and should be transferred to a facility with a neurosurgery department. She was transferred to the third defendant hospital, where the attending physician noted he suspected the cause of her cerebral hemorrhaging was an aneurysm. She then underwent a surgical procedure that was complicated by an aneurysm rupture. She subsequently filed a medical malpractice lawsuit against the defendants. The defendants then filed a motion for summary judgment asking the court to dismiss the plaintiff’s lawsuit.

Continue reading

Justia Lawyer Rating
Contact Information