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Articles Posted in Hospital Malpractice

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The majority of expectant mothers in New York choose to deliver their babies in a hospital setting. Thus, if they suffer harm due to an error that occurs during or after their delivery, they may be able to pursue medical malpractice claims against those responsible for their harm. In many instances, this includes not only the attending physicians but also the hospital itself. In a recent New York opinion issued in a medical malpractice case, the court explained when a hospital might be deemed vicariously liable for the harm caused by the physicians it employs. If you suffered harm due to a hospital’s negligence, it is smart to speak to a Syracuse medical malpractice lawyer to determine your options for seeking compensation.

Facts of the Case

It is reported that the decedent visited the defendant hospital for prenatal care. During a treatment appointment, it was determined that she had a myoma on her cervix, which the attending physician stated should be removed once the infant was born. The baby was delivered via cesarean four days later, and at that time, the myoma had grown from the size of a grape to the size of a grapefruit.

Allegedly, the attending physician ordered a biopsy three months after the birth of the child. The biopsy, which was ultimately performed twelve weeks after the birth, revealed that the decedent had cervical cancer. She died eight months later. Her husband filed a medical malpractice lawsuit against the physicians involved in her care and the hospital. The hospital moved for summary judgment, and the court granted the motion. The plaintiff appealed. Continue reading

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Many people suffering from acute or chronic issues receive medical treatment from a provider working for a hospital or health care facility. As such, if they subsequently suffer harm due to incompetent care, they may not only be able to pursue medical malpractice claims against the doctor but also against the entity that employed them. A plaintiff in a medical malpractice lawsuit must demonstrate the defendant doctor’s negligence, however; otherwise, their claims against both the doctor and the hospital may be dismissed. This was demonstrated in a recent opinion issued by a New York court in a case alleging medical malpractice and vicarious liability claims. If you suffered harm due to incompetent care rendered in a hospital, you might be owed damages, and you should speak to a Syracuse hospital malpractice lawyer regarding your rights.

The Plaintiff’s Allegations

It is alleged that the plaintiff was treated with the defendant doctor at the defendant hospital for an unspecified condition. She later suffered harm, which she alleged arose out of the defendant doctor’s negligent care. As such, she filed a medical malpractice lawsuit, asserting that the defendant doctor was directly liable for her injuries, and the defendant hospital was vicariously liable. The defendants moved for summary judgment, arguing that the plaintiff failed to meet her burden of proof. The court agreed with the defendants and issued an order dismissing the plaintiff’s claims. The plaintiff appealed.

Proving Direct and Vicarious Liability in Medical Malpractice Cases

The appellate court found the trial court’s reasoning to be sound and affirmed the ruling. The court explained that the defendant doctor satisfied his initial burden of proof with regard to both the deviation and causation aspect of the plaintiff’s claim by submitting an affidavit opining that he did not depart from the good and accepted practice of medicine and that the treatment he offered the plaintiff did not proximately cause her to suffer harm. Continue reading

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In New York, whether a medical malpractice case is successful typically hinges on whether the judge or jury finds either party’s expert reports to be adequate or compelling. As such, both plaintiffs and defendants will often argue the opposing party’s expert reports are deficient, or that their expert lacks the qualifications needed to offer an opinion. Recently, a New York court discussed the sufficiency of expert reports in a case in which the plaintiff alleged he suffered harm due to hospital malpractice. If you were hurt by incompetent care in a hospital, you should meet with a Syracuse hospital malpractice lawyer to determine your options for seeking damages.

The Plaintiff’s Allegations

It is reported that the plaintiff was admitted to the defendant hospital multiple times between April and July 2008. During his admissions, he developed lesions and decubitus ulcers on his legs, knees, and other areas of his body, which he asserted were caused by the negligence of the defendant’s employees. Thus, he filed a lawsuit against the defendant, seeking compensation for his harm which he asserted was caused by medical malpractice.

Allegedly, after the parties exchanged expert reports, the defendant moved for summary judgment. The plaintiff opposed the motion on the grounds that the defendant’s expert lacked the qualifications to offer an expert opinion, but the court granted it, dismissing the plaintiff’s claims. The plaintiff then appealed. Continue reading

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When people suffer harm due to incompetent care provided by a doctor in a hospital, they are often able to pursue medical malpractice claims against the doctor. Many plaintiffs will attempt to seek damages from the hospitals as well, but liability will only be imposed in certain circumstances. In a recent opinion, a New York court discussed what a plaintiff must show to establish a hospital should be held accountable for the negligence of one of its physicians in a case in which the plaintiff suffered permanent brain damage due to surgical errors. If you were injured because of negligent care you received in a hospital, it is smart to meet with a Syracuse hospital malpractice attorney to discuss your rights.

The Plaintiff’s Harm

Reportedly, the plaintiff visited the defendant hospital for heart surgery in February 2014. He experienced significant complications during the surgery and was subsequently placed on a ventilator and a machine that circulated his blood outside of his body. A few days later, his condition worsened, and as he was being transported to the operating room, the tubing to his life support systems was disconnected, and he suffered a loss of oxygen, which resulted in permanent brain damage.

It is alleged that the plaintiff filed a medical malpractice lawsuit against the surgeon and the defendant hospital, arguing the hospital was vicariously liable for the surgeon’s negligence. The hospital moved for summary judgment, and the court granted the motion. The plaintiff appealed. Continue reading

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Older people are especially vulnerable to the injuries that arise out of incompetent medical care, and in many instances, the harm they sustain is insurmountable, and they ultimately succumb to their illnesses. In such instances, the deceased person’s family members often can seek compensation from the negligent care providers via a wrongful death claim. In a recent New York ruling, a court discussed a dispute over verdict slips in a case in which it was alleged that medical negligence led to a person’s death. If you suffered the loss of a loved one due to incompetent medical care, you have the right to pursue claims, and you should speak to a Syracuse medical malpractice lawyer to determine what compensation you may be able to recover.

The Facts of the Case

Allegedly, the plaintiff’s decedent was admitted to the defendant hospital. One evening during his stay, he vomited and then was noted to have blue lips and nailbeds. His oxygen saturation level dropped to 55%, and he died later that evening. The plaintiff then filed a lawsuit against the defendant, alleging medical negligence and wrongful death claims. Prior to trial, the parties submitted proposed verdict sheets. The defendant then filed a motion asking the court to reject the plaintiff’s verdict sheet to the extent it sought damages for emotional or physical harm or death, and conscious pain and suffering caused by the defendant’s violation of New York health laws. The court denied the defendant’s motion, after which the defendant filed a motion for leave to reargue the issues.

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In many medical malpractice cases, there are multiple parties named as defendants. Defendants typically have varying degrees of liability, and it is not uncommon for one defendant to agree to settle, and for the plaintiff to draft a release dismissing the claims against that defendant. A release as to one defendant will not apply to unnamed parties, though, as discussed in an opinion recently issued by a New York court in a hospital malpractice case. If you suffered harm due to incompetent care you received in a hospital, it is in your best interest to meet with a capable Syracuse medical malpractice lawyer to discuss your right to pursue damages.

The History of the Case

It is alleged that the plaintiff child received treatment at the defendant hospital. He suffered unspecified harm, after which his mother filed a lawsuit against the defendant hospital and multiple doctors who worked at the hospital, arguing their negligence caused her son’s harm. A settlement agreement was reached between the defendant hospital and other providers, and the plaintiff. Pursuant to the agreement, the plaintiff provided general releases to the settling defendants and filed an infant compromise order.

It is reported that it was understood, however, that she was permitted to continue her claims against the remaining defendants. More than three years later, though, the defendant doctor, who was an employee of the defendant hospital, sought to dismiss the plaintiff’s claims against her on the grounds that she was covered by the terms of the general release. The plaintiff then moved to amend the infant compromise order to the extent it could be construed to release claims against the defendant doctor. The court granted the plaintiff’s motion, and the defendant doctor appealed. Continue reading

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Expert testimony is a key component of any medical malpractice case. Specifically, both plaintiffs and defendants must produce an affidavit from a medical expert that supports their claims or defenses relying on evidence produced from the record. While the expert does not have to practice in the same specialty as the defendant, the qualifications of a doctor that works in another field must be thoroughly explained; otherwise, it may result in a dismissal. Expert qualifications were addressed in a recent New York ruling in a case in which the court dismissed the plaintiff’s medical malpractice claims, in part, due to the deficiency of her expert. If you were harmed by the care you received in a hospital, it is prudent to confer with a Syracuse hospital malpractice lawyer to assess your options.

The Plaintiff’s Harm

It is reported that the plaintiff was admitted to the defendant hospital after she suffered a stroke. She subsequently developed left sided-paralysis and other complications. She then filed a lawsuit against the defendant, alleging its employees negligently failed to adequately monitor her status or provide her with proper care and that the delayed administration of necessary medication led to her harm. After the parties completed the discovery, the defendant moved to dismiss the plaintiff’s claims via summary judgment. The court denied the defendant’s motion, after which it appealed. On appeal, the court reversed the trial court ruling.

Expert Qualifications in Medical Malpractice Cases

The court explained that, pursuant to New York law, a defendant seeking dismissal via summary judgment must prove that the evidence, on its face, shows that there was no departure from the standard of care or that any departure did not cause the plaintiff’s harm. In turn, the plaintiff must show that a material issue of fact remains regarding one or both of the defendant’s assertions. Generally, the parties establish their positions via the use of expert testimony. If either party engages an expert that is offering an opinion outside of his or her area of specialty, a foundation must be laid that supports the reliability of the opinion offered. If no such foundation is laid, the expert’s opinion lacks probative value and will be inadequate to sustain the party’s burden with regard to a summary judgment motion. Continue reading

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It is not uncommon for a facility that treats patients with substance abuse issues to employ doctors that generally oversee patient care. In many instances, such physicians have little if any contact with the patients. Diminished patient contact does not excuse them from the obligation to provide competent care, though, and doctors that render negligent treatment can be held liable for medical malpractice. Recently, a New York court issued an opinion discussing the evidence needed to establish the liability of a doctor that oversaw a patient’s care in a drug addiction treatment facility, ultimately ruling that the doctor was not accountable for the patient’s death. If you or a loved one suffered harm in a hospital, it is advisable to speak to a Syracuse hospital malpractice lawyer about your potential claims.

The Patient’s Care

It is reported that the patient was admitted to a care facility for substance abuse treatment. The defendant doctor oversaw the medical department and was responsible for the supervision of the medical staff. When the patient was admitted, a physician assistant examined her, and she was prescribed Suboxone, which the medical records indicated were per the verbal order of the defendant. The defendant never met the patient.

Allegedly, the evening after the patient’s admission, she vomited. She was examined, but no further action was taken. The following morning she was found unresponsive, and she was transported to another hospital. She later died. The patient’s parents filed a lawsuit against the defendant, alleging he committed medical malpractice. The defendant moved for summary judgment, and the court ultimately granted his motion. Continue reading

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Many people have advanced directives that indicate that they do not want to receive life-sustaining treatment in the event they contract a terminal illness or suffer an acute medical event. Thus, if a doctor in a hospital prolongs the life of a person with a living will, it may go against the person’s ultimate wishes. It likely does not constitute medical malpractice, however, as discussed in a recent New York ruling in which the court stated that New York does not recognize a cause of action for wrongful life and dismissed the plaintiff’s claims against a hospital. If you or a loved one sustained losses because of negligent care in a hospital, it is prudent to meet with a Syracuse hospital malpractice lawyer to assess your rights.

The Decedent’s Care

It is reported that in 1993, the decedent drafted a living will that stated he did not want to receive life-sustaining treatment if he was terminally ill. In 2017, the decedent’s health had deteriorated to the point that he would likely soon die. The defendant hospital, which was tasked with caring for the defendant, was notified of the living will by the decedent’s health care agent. The defendant nonetheless provided the decedent with antibiotics and intravenous treatment, prolonging his life by twenty days.

Allegedly, after the decedent passed away, the plaintiff instituted a malpractice lawsuit against the defendant, alleging it unnecessarily prolonged the decedent’s pain and suffering. The defendant filed a motion for summary judgment, arguing that the plaintiff was asserting a wrongful life claim which was not a valid cause of action under New York law. The court agreed, granting the defendant’s motion. Continue reading

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Surgeons often perform multiple procedures per week, and in many instances, they cannot recall specific surgeries or what techniques or methods they employed during them. Thus, if a patient suffers harm during surgery, the doctor may not have independent knowledge of his or her conduct during the surgery, as required to demonstrate compliance with the standard of care. In some instances, though, a doctor accused of medical malpractice may rely on habit testimony to avoid liability, but such testimony is only permissible in limited circumstances. The admission of habit testimony was the topic of a recent New York ruling in a matter arising out of surgical malpractice. If you were harmed during a surgical procedure, you might be owed compensation, and it is advisable to speak to a knowledgeable Syracuse surgical malpractice attorney.

The Plaintiff’s Harm and Subsequent Claims

Allegedly, the defendant performed a LAP-Band procedure on the plaintiff. The plaintiff suffered a perforated bowel during the procedure, which was not discovered until days later, when she was recovering in the hospital. She then underwent a second procedure to repair the perforation. The plaintiff filed a medical malpractice lawsuit against the defendant, arguing that his failure to prevent and identify the bowel perforation during the initial procedure constituted medical negligence. After discovery closed, the defendant filed a motion for summary judgment, arguing that he did not depart from the applicable standard of care. The trial court granted the motion, and the plaintiff appealed.

Habit Testimony in Medical Malpractice Cases

In support of his motion for summary judgment, the defendant submitted an affidavit from a medical expert that opined the defendant did not deviate from the standard. The court noted, however, that the expert’s opinion relied largely on improper evidence.

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