If a doctor incorrectly performs professional duties and a person suffers harm as a result, the doctor may be held liable for medical malpractice. A person must establish numerous elements to successfully recover under a medical malpractice claim, including the existence of a patient-doctor relationship, as liability will not be imposed in the absence of such a correlation. In a recent New York ruling issued in an emergency room malpractice matter, a court discussed what constitutes sufficient proof of an implied patient-doctor relationship to withstand summary judgment. If you suffered harm because of inadequate treatment by emergency room physicians, it is wise to meet with a Syracuse emergency room malpractice attorney to evaluate your possible claims.
The Decedent’s Treatment
Allegedly, the plaintiff’s decedent visited the emergency room of the defendant hospital, where he was seen by the first and second defendant doctors, one of whom had a conversation with the third defendant doctor about the decedent’s health. The decedent underwent imaging tests but was ultimately discharged. He died a day after his visit to the hospital due to cardiorespiratory failure caused by bilateral pulmonary embolisms.
It is reported that the plaintiff filed a medical malpractice lawsuit against the defendants, alleging their negligent care led to the decedent’s death. The defendants separately filed motions for summary judgment, and the third defendant doctor argued in part that he could not be held liable because no patient-doctor relationship existed between him and the decedent. The trial court denied the third defendant doctor’s motion, and he appealed. Continue reading