For many medical issues, a prompt diagnosis is essential to a good outcome. As such, a patient that suffers harm due to a delayed diagnosis may be able to recover damages in a medical malpractice lawsuit. Merely demonstrating that a diagnosis was delayed is not sufficient to establish liability, though, as a patient must also show that the delays caused actual damages, as discussed in an opinion recently issued in a New York medical malpractice lawsuit. If you suffered harm due to diagnostic delays, it is advisable to confer with a Syracuse medical malpractice lawyer as soon as you can.
The Facts of the Case
Reportedly, the plaintiff received an epidural when he was admitted to a hospital for a procedure. He subsequently developed an epidural abscess that ultimately left him partially paralyzed. He then brought medical malpractice claims against the defendants, the doctors who cared for him during his admission, alleging that their failure to diagnose the abscess that led to his harm promptly. The defendants moved for summary judgment, but their motion was denied. They then appealed.
Establishing Liability for a Delayed Diagnosis
The court reversed the trial court ruling on appeal and dismissed the claims against the defendant. In New York, a defendant moving for summary judgment in a medical malpractice case initially bears the burden of demonstrating either that there was no departure from the applicable standard of care or that any such departure was not the proximate cause of the plaintiff’s losses. Continue reading