If you suffered damages due to your doctor’s failure to diagnose or treat an illness, connecting your doctor’s inadequate care to your harm is essential to present a successful case. This was illustrated in a case recently ruled upon by the appellate division of the Supreme Court of New York, in which the court found that the doctor’s failure to diagnose the plaintiff did not result in her ultimate harm, and dismissed the plaintiff’s case. If you were injured by a doctor’s failure to diagnose or treat your illness it is critical to retain a trusted Syracuse hospital malpractice attorney to set forth persuasive arguments to show that your doctor should be liable for your damages.
Facts Regarding the Plaintiff’s Treatment
Reportedly, the plaintiff presented to the emergency room of the defendant hospital where she was treated and released, with complaints of ear pain. She was later diagnosed with an ear infection by another treatment provider, and ultimately suffered hearing loss. She subsequently filed a medical malpractice lawsuit against the defendant hospital and defendant emergency room physician, alleging that the failure to diagnose her ear infection caused her to sustain hearing loss. The defendants filed a motion for summary judgment, which the trial court denied. The defendants appealed and on appeal, the appellate court reversed the trial court ruling.
On appeal, the court stated that the defendants established as a matter of law that they did not depart from the applicable standard of care in rendering treatment to the plaintiff. Specifically, the defendants’ expert affidavits stated that further testing or a referral to an otolaryngologist was not indicated by the results of the plaintiff’s physical examination or the symptoms she described. Further, the reports established that to the extent the defendants deviated from the standard of care in failing to diagnose the plaintiff’s ear infection, any departure did not proximately cause the plaintiff’s alleged harm. Under New York law, proximate cause is established in a medical malpractice case when it is a substantial factor in bringing about the alleged harm.