Articles Posted in Medical Malpractice

Medical malpractice cases are typically a battle between the party’s experts. As such, if the court prohibits a plaintiff’s expert from testifying, it can greatly impair their ability to establish liability. In some instances, though, a plaintiff may be able to successfully argue that their expert was improperly precluded from testifying, as shown in a recent opinion delivered in a New York medical malpractice case. If you suffered harm due to inadequate medical care, you might be owed compensation, and it is smart to meet with a Syracuse medical malpractice attorney as soon as possible.

Factual and Procedural History

It is reported that the plaintiff underwent a hysterectomy that was performed by the defendant. Following the surgery, she developed necrotizing fasciitis. She subsequently filed a lawsuit against the defendant, arguing that his negligent post-surgical care constituted medical malpractice. Prior to trial, the defendant moved to preclude the plaintiff’s expert from testifying regarding the cause of her infection. The court granted the motion, and the case proceeded to trial. The jury ultimately found in favor of the defendant, and the plaintiff appealed.

Grounds for Precluding Expert Testimony in Medical Malpractice Cases

On appeal, the plaintiff argued, among other things, that the trial court erred in barring her expert from offering testimony. The court agreed and ultimately reversed the trial court ruling and remanded the matter for further proceedings. In doing so, the court explained that each party must identify the person they intend to call to testify as an expert witness at trial, disclose the subject matter of their testimony, and offer their qualifications. Continue reading

Medical malpractice claims are complex, and in most instances, it is prudent for victims of medical negligence that wish to pursue claims against their healthcare providers to seek the assistance of an attorney. It is not necessary for a plaintiff in a medical malpractice case to be represented by counsel, but the decision to proceed pro se often has negative consequences. This was demonstrated recently in a case in which a New York federal court dismissed the pro se plaintiff’s medical malpractice claims due to lack of subject matter jurisdiction. If you were harmed by a doctor’s failure to comply with the standard of care, you should confer with a Syracuse medical malpractice lawyer about what measures you can take to protect your interests.

Facts of the Case

It is alleged that the plaintiff’s son was born at the defendant hospital and that he suffered an injury at birth. He was then placed in the defendant foster care center, where according to the plaintiff, the abuse continued. As such, the plaintiff filed a lawsuit against the defendants in federal court, asserting claims of negligence and medical malpractice that arose under state law. He subsequently filed a petition to proceed in forma pauperis. The court granted his motion but ultimately dismissed his complaint due to a lack of subject matter jurisdiction.

Medical Malpractice Claims Filed in Federal Court

The court explained that federal courts have jurisdiction over a narrow range of claims. Further, they must independently determine whether they can exercise subject matter jurisdiction over a claim before evaluating its merits. In other words, Congress only granted the federal courts original jurisdiction over matters in which the plaintiff asserts a federal question or where there the case involves citizens of different states, and the amount in controversy and jurisdictional requirements are met.   Continue reading

While it is prudent for people who want to pursue civil claims to seek the assistance of an attorney in most instances, medical malpractice cases are especially complex, and the decision to proceed pro se often negatively impacts a plaintiff’s rights. The ramifications of pursuing medical malpractice claims without an attorney were demonstrated in a recent New York matter in which the court dismissed the plaintiff’s claims. If you were hurt by the negligence of a physician, it is in your best interest to retain a Syracuse medical malpractice lawyer to assist you in protecting your interests.

Procedural History of the Case

It is alleged that the plaintiff was admitted to the defendant hospital and discharged later the same day. He did not indicate the nature of his concerns in his complaint. Four days later, he suffered a medical incident and was taken to the defendant medical center, where he was again discharged the same day. He subsequently fell after his discharge and was readmitted. During his second admission to the medical center, he had a pacemaker implanted. He then filed a medical malpractice lawsuit against the defendants in federal court, seeking $50,000 in compensation. He was not represented by an attorney and requested to proceed in forma pauperis.

Federal Jurisdiction Over Medical Malpractice Claims

While the court granted the plaintiff’s motion to proceed in forma pauperis, it dismissed the plaintiff’s claims without prejudice due to lack of subject matter jurisdiction. The court explained that if it determines at any juncture that it lacks subject matter jurisdiction over a matter, it must dismiss the action. Continue reading

New York law sets forth statutes of limitations for pursuing civil claims. While medical malpractice claims fall under the umbrella of civil claims, they have a shorter statute of limitations. Thus, which limitation applies depends on whether the person that allegedly caused the plaintiff harm committed ordinary negligence or negligence in the context of medical treatment. Recently, a New York court discussed how to determine which limitations period applies in a matter in which the defendant pursued claims against a social worker and psychologist. If you were hurt by the carelessness of a physician, it is smart to talk to a Syracuse medical malpractice attorney about your right to pursue damages.

The Plaintiff’s Harm

It is reported that the plaintiff’s son was diagnosed with schizoaffective disorders and bipolar disorder in 2014. While he periodically suffered psychotic episodes during which he acted violently and destructively and hallucinated, his condition was stabilized with medication and psychiatric care. Following a psychotic episode, he was confined to a state institution. While he was designated as having the most serious category of mental health illnesses, he was not medicated, and his condition declined.

Allegedly, he suffered multiple psychotic episodes during his confinement. He experienced delays in receiving a mental health evaluation or medication and ultimately stabbed the plaintiff. The plaintiff filed a lawsuit against the defendants, the parties responsible for her son’s confinement and care during his confinement. Among other things, she alleged that the parties responsible for his psychiatric care negligently performed their services. The defendants moved to dismiss the plaintiff’s medical malpractice claims as time-barred. Continue reading

In the majority of medical malpractice cases, the plaintiff must offer evidence in the form of an expert opinion to show that the defendant caused their harm. There are some exceptions, though, like when the doctrine of res ipsa loquitor applies. If a plaintiff fails to assert this argument, however, the lack of expert evidence will most likely be fatal to their claim, as shown in a recent ruling issued in a New York medical malpractice case in which the plaintiff asserted he suffered an eye injury during knee surgery. If you were injured by a carelessly performed procedure, it is smart to talk to a Syracuse medical malpractice lawyer about what evidence you need to offer to recover damages.

Procedural History of the Case

It is alleged that the plaintiff underwent arthroscopic surgery on his knee to repair a torn meniscus. The defendant performed the procedure. Shortly after the surgery, the plaintiff began to experience redness and pain in his left eye. He was subsequently diagnosed with a corneal abrasion. He then instituted a medical malpractice lawsuit against the defendant and the hospital where the defendant worked, alleging that the defendant negligently performed the surgery, causing injuries to his knee and eye. The defendant moved for summary judgment on the cause of action relating to the eye injury. The trial court granted the motion, and the plaintiff appealed.

Under New York law, podiatrists, like all medical professionals, have an obligation to treat their patients in a manner that complies with the accepted and good practice of medicine. If they fail to negligently perform their duties, thereby causing their patients harm, they may be liable for medical malpractice. Recently, a New York court explained what a plaintiff must prove to recover damages in a medical malpractice case against a podiatrist in a matter in which the defendant caused fatal harm. If you or a loved one sustained injuries because of the carelessness of a podiatrist, you should meet with a Syracuse medical malpractice lawyer to assess whether you may be owed damages.

The Facts of the Case

It is alleged that the decedent, who was 81 years old and suffered from numerous chronic health concerns, visited the defendant podiatrist for treatment of a burn on the top of his right foot. The defendant examined the decedent’s foot and noted that while he had areas of raw skin and blisters, there were no signs of cellulitis or infection. The defendant diagnosed the decedent with a second-degree burn, cleaned and dressed his wound, and instructed him on wound care.

Reportedly, the decedent had a follow-up visit with the defendant six and then eleven days later, during which the defendant again noted no signs of infection or cellulitis. A month and a half later, the decedent was admitted to the hospital, where he underwent an amputation of his right foot. Two months later, he died due to cardiac arrest. The plaintiff instituted medical malpractice and wrongful death claims against the defendant, who moved for summary judgment following discovery. The court denied the defendant’s motion, and she appealed. Continue reading