Articles Posted in Neurology Malpractice

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Medical malpractice cases are unusual in that a plaintiff will often have to rely on medical records obtained from the defendant to demonstrate the defendant’s liability. Thus, if a defendant loses or destroys a plaintiff’s treatment records prior to producing them, it can impair the plaintiff’s ability to prove the defendant was negligent. In such instances, a court may issue a sanction against the defendant. In a recent neurology malpractice case in New York, the court discussed spoliation and what a defendant must prove to avoid sanctions. If you were harmed by a negligent neurologist, you should speak to a capable Syracuse neurology malpractice attorney as soon as possible to avoid waiving your right to pursue damages.

Factual and Procedural History

It is alleged that the plaintiff was treated by the defendant neurologist at a medical center, and the defendant’s private office. The plaintiff ultimately suffered harm due to the progression of an epidural lipomatosis that the defendant failed to diagnose in a timely manner. Thus, the plaintiff instituted a lawsuit against the defendant, setting forth claims of medical malpractice and lack of informed consent.

It is reported that during the course of discovery, the plaintiff requested her treatment records from the defendant. The defendant produced a copy of the plaintiff’s chart but advised the plaintiff that she could not find the original chart. The plaintiff then filed a motion for sanctions for spoliation of evidence. The court granted the motion. The defendant later found the chart and moved for leave to renew her opposition to the plaintiff’s motion for sanctions. The motion was denied, however, and the defendant appealed.

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A patient harmed by incompetent medical care may be able to pursue claims against the provider that caused his or her injuries, regardless of whether the context in which the plaintiff received treatment. For example, if a person who is incarcerated receives incompetent care, he or she can seek damages from the doctor that provided the negligent treatment. The standards that apply in a medical malpractice case asserted by an incarcerated patient are the same as those that apply in a typical medical malpractice case, as demonstrated in a recent neurology malpractice case decided by a New York appellate court. If you sustained damages due to the negligent acts or omissions of a neurologist, it is in your best interest to speak with a proficient Syracuse neurology malpractice attorney to discuss what you must prove to recover damages.

Facts Regarding the Plaintiff’s Treatment

It is alleged that the plaintiff, who was incarcerated, was treated at a medical center by the defendant neurologist. Specifically, the defendant performed a surgical procedure on the plaintiff to attempt to address an aneurysm behind the plaintiff’s eye. During the procedure, the defendant placed a stent in the artery, which ultimately failed. The defendant then performed a test that indicated the artery could be permanently blocked by occlusion. Following the test, the defendant ordered the plaintiff to follow up with him in two weeks.

Reportedly, the plaintiff did not follow up with the defendant, however. The plaintiff subsequently suffered permanent harm, after which he filed a medical malpractice lawsuit against the defendant. The defendant ultimately filed a motion to dismiss, which the court denied.  The defendant appealed the denial, and on appeal, it was affirmed.

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