Generally, in medical malpractice cases in the state of New York, the plaintiff will file a complaint and a bill of particulars setting forth the alleged wrongdoings of the defendant, and then the parties will engage in discovery. In many instances, after discovery is closed, the defendant will ask the court to dismiss the plaintiff’s claims via a motion for summary judgment. If the plaintiff can demonstrate the existence of a valid factual dispute as to whether the defendant committed malpractice, though, the plaintiff’s case may proceed to trial. Recently, a New York court discussed the evidence needed to demonstrate a triable issue of fact, in a case in which the plaintiff alleged that the defendant’s negligence led to the plaintiff’s mother’s death. If you or a loved one suffered harm at the hands of a primary care doctor, it is wise to meet with a trusted Syracuse primary care malpractice attorney to evaluate whether you have a viable claim.
Factual and Procedural History
It is reported that the plaintiff’s mother, who was 70-years-old, suffered a fall at home. She was then admitted to the hospital by the defendant primary care physician, who had been caring for her for eight years. Approximately two weeks later, the defendant transferred the mother to the defendant nursing and rehabilitation center to undergo physical therapy and strengthening. While she was admitted to the center, the mother’s condition deteriorated, and after three weeks, she was transferred back into the hospital.
Allegedly, she died one week later from cardiopulmonary arrest, with urosepsis as a significant factor that contributed to her demise. The plaintiff then filed a medical malpractice lawsuit against the defendants, alleging that her mother was injured during her admission to the defendant center. The defendants each filed motions for summary judgment, which were denied. The defendant primary care physician then appealed. Continue reading