Articles Posted in Neurology Malpractice

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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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