Articles Posted in Emergency Room Malpractice

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 ›

Incompetent medical treatment can cause significant injuries, and many people harmed by incompetent medical care can recover compensation. While typically, the damages awarded in medical malpractice cases aims to compensate the injured party for the non-economic and economic losses suffered due to negligent healthcare, in some instances, a judge or jury may find it appropriate to impose punitive damages as well. Recently, a New York court issued an opinion discussing when such damages are appropriate in an emergency room malpractice matter in which it ultimately denied the plaintiff’s claim for punitive damages. If you suffered harm because of careless treatment for an acute condition, it is prudent to consult a Syracuse emergency room malpractice lawyer to discuss what damages you may be owed.

The Plaintiff’s Claims

It is reported that the plaintiff visited the emergency room of the defendant hospital, where she was treated by the defendant doctor for a wound on her abdomen. Her condition worsened, and she subsequently had to undergo surgery. She filed a medical malpractice lawsuit against the defendants seeking, among other things, punitive damages. The defendants moved for summary judgment as to the punitive damages claims, and the court denied the motion. The defendants then appealed.

Punitive Damages in Medical Malpractice Cases

On appeal, the appellate court reversed the trial court ruling. The appellate court explained that the standard for imposing punitive damages is strict, and therefore, they will only be awarded in exceptional cases. The appellate court elaborated that the conduct justifying the award must manifest malice or spite, or an evil or fraudulent motive on behalf of the defendant, or such a deliberate and knowing disregard of the interests of other people that the conduct can be considered wanton or willful. Continue Reading ›

In many medical malpractice cases that arise out of negligent care received in a hospital, the plaintiff will not only assert claims against the doctor who provided the treatment in question but will also seek damages from the hospital. Whether a hospital will be found vicariously liable for the acts of a physician depends, in part, on whether the doctor was an employee of the hospital. As discussed in a recent New York opinion, there is an exception, however, that will allow a hospital to be held vicariously liable despite a doctor’s employment status at the time the harm occurred. If you were hurt because of incompetent care in an emergency room, it is advisable to speak to a seasoned Syracuse emergency room malpractice lawyer to evaluate your possible claims.

The Decedent’s Care

It is reported that the decedent was taken by ambulance to the emergency department of the defendant hospital due to complaints of nausea, vomiting, and severe abdominal pain. He was admitted, and shortly thereafter, the defendant surgeon performed an emergency procedure on the decedent. The decedent died the following day. The plaintiff, the decedent’s wife, filed a lawsuit against the defendants asserting wrongful death and medical malpractice claims. After the parties completed discovery, the plaintiff moved for summary judgment on the issue of whether the defendant hospital was vicariously liable for the acts of the defendant surgeon. The court denied the motion, and the plaintiff appealed.

A Hospital’s Vicarious Liability for Harm Caused by a Doctor

Generally, pursuant to the doctrine of respondeat superior, a hospital may be found vicariously liable for the malpractice or negligence of employees that are acting within the scope of their employment, but not for the malpractice or negligence of a physician working independently, such as when the patient retains the physician by his or her self. Continue Reading ›

Patients who suffer injuries due to incompetent medical care may be able to recover damages from the physicians that caused their harm. Additionally, if the losses occur in a hospital setting, the parties responsible for hiring or supervising doctors may be deemed vicariously liable for their behavior. Typically, plaintiffs must prove that a hospital knew or should have known that negligent physicians were likely to cause patients to suffer harm to prove liability, which may require evidence regarding their treatment of other parties. In a recent New York opinion issued in an emergency room malpractice case, a court discussed what information is protected from disclosure in a vicarious liability claim against a hospital. If you were hurt due to incompetent medical care, it is prudent to meet with a trusted Syracuse medical malpractice lawyer regarding your potential claims.

The History of the Case

Allegedly, the plaintiff sought treatment at the emergency department of the defendant hospital for neurological symptoms. He was examined by the defendant doctor and released. It was later revealed, however, that the plaintiff suffered a cerebrovascular accident, which the defendant doctor failed to diagnose. The plaintiff sustained substantial injuries due to the delayed diagnosis and subsequently filed a lawsuit against the defendants, alleging the doctor was negligent, and the hospital was vicariously liable for the harm caused by the doctor.

It is reported that during discovery, the plaintiff sought to depose the former CEO of the hospital, based on a letter he received from a concerned physician regarding prior complaints made to the CEO about the defendant doctor’s competence. The defendants moved to quash the subpoena for the deposition on the grounds that it sought information protected by New York law. Continue Reading ›

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 ›

In medical malpractice lawsuits filed in New York, both plaintiffs and defendants must submit expert reports in support of their respective positions. Generally, the success of either party is determined by the strength of its expert report. Numerous factors are weighed in determining whether an expert report is sound and compelling, though, as discussed in a ruling issued by a New York court recently, in a case in which the plaintiff alleged harm due to emergency room malpractice. If you were harmed due to the negligent actions of an emergency room physician, you could be owed substantial damages, and it is in your best interest to speak to a skillful Syracuse emergency room malpractice attorney promptly.

The Plaintiff’s Care

It is reported that the plaintiff visited the emergency department of the defendant hospital in February 2013 with complaints of stomach pain. He was evaluated and discharged with a diagnosis of gastritis. He then sought treatment from the defendant primary care physician in August and September 2013, reporting epigastric pain, and was advised he had gastroesophageal reflux disease.

Allegedly, the plaintiff then returned to the defendant’s emergency room in March 2014, when he underwent a procedure to repair a biliary leak. He underwent a second procedure in May 2014, during which he had a gallstone removed. He was diagnosed with choledocholithiasis. He filed a lawsuit against the defendants alleging, in part, that the defendant hospital committed malpractice by releasing him prior to ruling out gallstones. The defendants filed motions for summary judgment, which were granted, and the plaintiff appealed. Continue Reading ›

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.

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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.

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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.

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