Articles Posted in Medical Malpractice

In medical malpractice litigation, establishing whether a physician followed accepted standards of care is often a matter of expert testimony. When experts disagree, courts are generally reluctant to resolve the case before trial. A recent decision from a New York court highlights how disputes over a physician’s diagnostic and treatment choices must often be left to a jury. If you believe you were harmed by substandard medical care, a knowledgeable Syracuse medical malpractice attorney can help you assess your legal options.

Background of the Case

It is alleged that the injured party was admitted to a hospital in July 2016 and was diagnosed with Fournier’s gangrene, a rare but aggressive and potentially fatal bacterial infection. The injured party, along with his spouse suing derivatively, later filed a medical malpractice action against the treating internist and others. The plaintiffs claimed that the defendant failed to properly recognize, diagnose, and treat the initial symptoms of infection during the patient’s earlier medical visits, which allegedly allowed the infection to progress into a life-threatening condition.

It is reported that the defendant treated the injured party on July 7, 2016, three days before the diagnosis was formally made. According to the plaintiffs, the defendant did not appropriately assess or respond to signs that should have alerted him to the developing infection. The plaintiffs contended that had the infection been identified earlier, it could have been treated before advancing into a more dangerous and systemic illness. Continue Reading ›

In medical malpractice litigation, timing can be everything, especially when a diagnosis is allegedly delayed. When a physician fails to order appropriate testing or pursue a differential diagnosis, it can have irreversible consequences for the patient. A recent New York decision highlights how disputes over whether a delay in diagnosis impacted a patient’s prognosis can preclude dismissal of a case before trial. If you or someone you love has been harmed due to delayed medical care, a Syracuse medical malpractice attorney can help evaluate your potential claims.

Factual Background and Procedural Setting

It is alleged that the decedent was under the care of a urologist between August 2017 and August 2018 after experiencing urinary symptoms, including burning during urination and nocturia. The plaintiff, acting as administrator of the decedent’s estate, filed a medical malpractice and wrongful death action against the physician and related medical entities. The plaintiff asserted that the defendant failed to timely diagnose the decedent’s prostate cancer, which was ultimately discovered in August 2018 at stage IV with bone metastases.

It is reported that the decedent initially presented with urinary complaints in August 2017, at which time the defendant performed a physical examination and offered a PSA test, which the defendant claimed the decedent declined. Follow-up visits included treatments for benign prostatic hyperplasia, and in February 2018, the defendant performed a transurethral vaporization of the prostate. No tumors were observed during this procedure, but the plaintiff alleged that a different procedure, transurethral resection of the prostate, would have allowed for tissue biopsy and led to an earlier diagnosis. Continue Reading ›

In high-stakes medical malpractice litigation, timing can be just as critical as the substance of the claims. Courts enforce strict deadlines for dispositive motions like summary judgment, which can derail a party’s case. However, a recent New York decision suggests that courts will consider granting leeway when confusion arises from court-generated discrepancies. If you are contemplating pursuing a medical malpractice claim, it is wise to consult a Syracuse medical malpractice attorney for guidance.

Background of the Case

It is alleged that the plaintiff initiated a medical malpractice action against multiple defendants, including individual medical providers and healthcare institutions, arising from care provided at a hospital and diagnostic center. Reportedly, after years of litigation and discovery, the plaintiff filed a Note of Issue in October 2024, signaling that the case was trial-ready.

It is reported that the defendants, including a physician and a hospital, filed motions for summary judgment on December 31, 2024, seeking to dismiss the claims. However, these motions were filed 90 days after the Note of Issue, exceeding the standard 60-day deadline set by the trial court’s rules. The plaintiff objected, arguing that the motions were untimely and should be rejected. Continue Reading ›

In the chaos of medical procedures and postoperative care, patients trust healthcare providers not only to treat them effectively but also to safeguard them from harm. Yet when an injury occurs—such as a fall while under medical supervision—the question of whether it constitutes simple negligence or rises to the level of medical malpractice becomes critical. A recent New York court decision highlights how this distinction can determine whether a patient’s case survives or is dismissed on procedural grounds. If you were injured while under hospital care and are unsure how to proceed, a Syracuse medical malpractice attorney can help you navigate this complex legal terrain.

Factual and Procedural History

It is alleged that the plaintiff was receiving anesthetic treatment at the defendant hospital when she was later assisted to the bathroom by hospital staff. While under the lingering effects of the anesthesia, the plaintiff fell, allegedly due to the negligence of the nurse and aide assisting her.

It is alleged that the plaintiff filed a notice of claim in a timely manner, as required when asserting tort claims against a municipal entity, such as the defendant hospital. The notice of claim specifically alleged ordinary negligence, focusing on the staff’s failure to safely assist the plaintiff to the bathroom. Continue Reading ›

Medical facilities have a duty to take appropriate precautions to prevent their patients from suffering foreseeable harm. For example, in cases involving fall risks, hospitals and medical staff must ensure they have implemented adequate safety measures to protect patients, and if they neglect to do so, it may lead to significant injuries. Demonstrating liability following a fall can be challenging, though, as demonstrated in a recent New York case that discussed the legal complexities surrounding fall risk assessments and the role of expert testimony in establishing fault. If you believe inadequate medical care led to your injuries, you should speak to a Syracuse medical malpractice lawyer regarding your rights.

Factual Background and Procedural Setting  

It is alleged that the plaintiff visited the emergency department of the defendant hospital, where he was identified as a fall risk and provided with a wristband to indicate his status. Reportedly, while waiting in a wheelchair for admission, the plaintiff attempted to stand after his name was called and fell, sustaining injuries. The plaintiff asserted that the hospital staff failed to take appropriate safety measures, which contributed to his injuries.

It is reported that the plaintiff filed a lawsuit against multiple defendants, including the hospital, nurses, and patient care assistants, alleging medical malpractice. The defendants moved for summary judgment, arguing that they had adhered to the appropriate standard of care and that no negligent actions on their part caused the plaintiff’s fall. The trial court granted the defendants’ motion, dismissing the claims against them. The plaintiff appealed. Continue Reading ›

Many medical malpractice cases hinge on the strength of expert testimony, particularly when complex medical conditions are involved. Plaintiffs must not only demonstrate a deviation from the standard of care but also establish that the negligence directly caused harm. This was emphasized in a recent New York medical malpractice case in which the plaintiff sought to demonstrate the liability of a nursing home. If you suspect that a loved one has suffered due to substandard nursing home care, it is advisable to talk to a Syracuse medical malpractice attorney about your options.

Case Setting

It is alleged that the decedent, a 94-year-old woman with a history of significant medical conditions, was admitted to the defendant nursing home for rehabilitation following a femur fracture and small bowel obstruction. Reportedly, upon admission, she had stage II pressure ulcers, which were treated in accordance with standard wound care protocols. However, it is alleged that despite ongoing care, her condition worsened, and she ultimately developed a stage IV sacral decubitus ulcer, which became infected with osteomyelitis.

It is reported that the decedent was transferred to a hospital for additional treatment, including a blood transfusion and further wound care, but her overall health continued to deteriorate. She ultimately passed away, with her death certificate citing respiratory failure due to the large sacral ulcer as a contributing factor. The plaintiff, the administrator of the decedent’s estate, filed a lawsuit against the nursing home and its associated staff, asserting claims of medical malpractice and wrongful death. The trial court granted the nursing home’s motion for summary judgment, finding that the plaintiff had failed to establish a triable issue of fact. The plaintiff subsequently appealed. Continue Reading ›

Numerous healthcare facilities throughout New York are funded by the federal government. While healthcare providers working at such facilities are expected to adhere to established standards of care, establishing liability for medical malpractice for deviations from such standards can be challenging. Specifically, there are additional procedural requirements plaintiffs must adhere to that are not present in actions against non-public entities, and as discussed in a recent New York case, the failure to follow the proper procedure may jeopardize their claims. If you were harmed by negligent medical care and are interested in pursuing an action against the provider responsible for your injuries, it is advisable to speak to a Syracuse medical malpractice attorney as soon as possible.

Case Summary and Allegations

It is alleged that the plaintiff sought treatment at the emergency room of Albany Stratton Veterans Hospital (ASVH) on October 13, 2021, for chronic back pain stemming from an active-duty injury. The emergency room physician prescribed three injections, two of which the plaintiff had previously received without incident. The plaintiff claims that after receiving the injections, he was discharged without the standard post-injection observation period. Upon standing, he blacked out and fell to the floor.

Reportedly, the plaintiff alleged that between October 2021 and March 2022, he made over 20 visits to ASVH and other local emergency rooms due to unrelenting pain. Despite these visits, he contends that his primary care provider at ASVH, a named defendant, delayed ordering diagnostic tests. When tests were eventually conducted, they revealed a fractured spinal fusion from a prior surgery. The plaintiff asserts that this delay caused him significant and ongoing pain, which he rated as a constant 10 out of 10. He further alleges that a medical report by his primary care provider labeling him as an opioid abuser amounted to slander. The plaintiff filed a lawsuit under the FTCA, seeking $150,000 in damages for negligence and medical malpractice. He also applied for leave to proceed in forma pauperis. Continue Reading ›