Neurological disorders can cause grave harm, and in many instances, that harm is markedly increased if a patient is not properly diagnosed in a prompt manner. Therefore, if a doctor fails to take the measures necessary to accurately determine a plaintiff’s diagnosis, it may provide grounds for a medical malpractice claim. Claims that a medical professional acted negligently must be supported by competent evidence, though, otherwise they could be dismissed. In a recent ruling arising out of a neurology malpractice claim, a New York court explained what constitutes adequate expert testimony to avoid dismissal via summary judgment. If you suffered harm due to the negligent acts of a neurologist, you should confer with a Syracuse neurology malpractice attorney to determine your options.
The Plaintiff’s Injuries
Reportedly, the plaintiff treated with the defendant neurologist in July 2015. He was diagnosed with a seizure disorder and prescribed medication. He had subsequent visits in August and October of 2015, during which his diagnosis remained unchanged. At his final visit with the defendant in December 2015, a test indicated that the plaintiff suffered memory loss. Thus, the defendant ordered a blood test to rule out a number of disorders, including syphilis.
It is alleged that the plaintiff did not submit to the blood test and instead began treating with another neurologist. In March 2016, the plaintiff advised the defendant that he had not taken the blood test and did not intend to take it. His health continued to decline, and he was diagnosed with neurosyphilis in June 2016. He then filed a medical malpractice action against the defendant, who ultimately moved for summary judgment. The court granted the defendant’s motion, and he appealed. Continue reading