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Articles Posted in Primary Care Malpractice

In New York, most medical malpractice cases require the plaintiff to hire one or more medical experts to explain key issues to the jury, including the manner in which the defendant caused the plaintiff’s harm. Defendants typically hire experts as well, and the outcome of the case often hinges on which expert the parties find more compelling. In some instances, a party’s expert evidence will be so strong that the case may be resolved prior to trial through summary judgment. As discussed in a recent New York case, though, summary judgment is not appropriate in cases in which the parties offer conflicting evidence. If you were hurt by the carelessness of a doctor, you should meet with a Syracuse medical malpractice lawyer to assess your possible claims.

The Facts of the Case

It is reported that the decedent presented to the defendant, his primary care physician, complaining that he could not taste, had a loss of appetite and lost ten pounds, and was experiencing vomiting and dizziness. At a subsequent visit two weeks later, the defendant diagnosed the decedent with anemia and, because he believed he had a neoplasm, referred him to specialists.

Allegedly, the decedent visited the specialists and underwent multiple tests but died one month after his initial visit. His cause of death was hypertensive cardiovascular disease. The plaintiff commenced a medical malpractice and wrongful death lawsuit against the defendant. The defendant moved for summary judgment, and his motion was granted. The plaintiff appealed. Continue Reading ›

In New York, the terms medical malpractice and medical negligence are often used interchangeably. While they have similar meanings, there are differences between the two, and they impose distinctive burdens of proof on plaintiffs asserting them as causes of action. The was demonstrated in a recent opinion issued by a New York court in a case arising out of primary care malpractice. If you suffered harm due to the careless acts of your physician, it is important to understand what evidence you must produce to recover damages, and you should speak to a Syracuse primary care malpractice lawyer about your rights.

The Decedent’s Harm

It is reported that the decedent was living in a state-owned facility. He visited the infirmary with complaints of chest pain that radiated down his arm lasting two hours. The nurse at the infirmary attempted to conduct an EKG, but the machine used to perform the test was inoperable. She then contacted the defendant medical center to perform telehealth services for the decedent. The attending physician’s assistant contemplated ordering an EKG but did not because the decedent’s vital signs were normal.

Allegedly, after the telehealth consultation ended, the nurse gave the decedent medication, and he returned to his room. He returned to the infirmary a second time, at which point the EKG machine was working. An EKG revealed he was having a heart attack, and he was transferred to a hospital. He subsequently filed a lawsuit against the state, alleging, among other things, medical negligence. The state moved to dismiss the plaintiff’s claims via summary judgment, but the court found that there was a genuine factual dispute as to whether the state deviated from the accepted standard of care. Continue Reading ›

Medical malpractice cases often settle or are dismissed prior to reaching the trial stage. If they are not, though, a jury will be tasked with determining issues such as the defendant’s liability and the plaintiff’s damages. Juries are expected to issue verdicts that align with the evidence presented by the parties, but if they do not, parties can ask the court to set aside the verdict. In a recent New York opinion issued in a medical malpractice case against a family doctor, the court discussed what a party who wishes to vacate a jury’s verdict must establish. If you were harmed by a careless physician, it is in your best interest to meet with a trusted Syracuse family doctor malpractice lawyer to discuss your options.

The Plaintiff’s Claims

It is reported that the plaintiff visited the defendant family care doctor with complaints of pain in his left ear. The defendant examined the plaintiff and observed he had impacted cerumen in his ear and prescribed him antibiotics. He returned a week later with similar symptoms. The defendant’s medical assistant attempted to irrigate the plaintiff’s ear to remove the cerumen but was unable to clear the blockage. Thus, the defendant performed irrigation on the ear.

Allegedly, at a follow-up visit three days later, the defendant advised the plaintiff that the tympanic membrane in his left ear had been perforated, and he would need to undergo surgery to correct the injury. The plaintiff commenced a medical malpractice lawsuit against the defendant, alleging the defendant failed to obtain his informed consent prior to performing the irrigation. A jury ultimately issued a verdict in favor of the defendant, and the plaintiff filed a motion to set aside the verdict. Continue Reading ›

In most medical malpractice cases, both parties will retain medical experts to testify on issues like the applicable standard of care and causation. While experts typically practice in the same field as the parties named as defendants, they do not have to work in the same specialty to be qualified to offer testimony. This was explained in a recent New  York opinion issued in a case arising out of the defendant’s mismanagement of a patient’s diabetes, which ultimately resulted in his death. If you lost a loved one due to the negligence of a primary care physician, you should speak to a Syracuse primary care malpractice attorney regarding your right to pursue damages.

The Decedent’s Harm

It is reported that the decedent was transferred from a hospital to the defendant rehabilitation facility. During his admission at the facility, he was cared for by the defendant physician. The decedent, who suffered from type II diabetes, soon began to experience significant symptoms due to his illness. The defendant physician failed to properly manage the decedent’s diabetes, however, and the decedent’s condition worsened.

Allegedly, the decedent ultimately died due to complications caused by his diabetes. The plaintiff, the decedent’s son, filed a medical malpractice case against the defendants, alleging their negligent treatment of the decedent caused his death. The defendants moved for summary judgment, arguing the plaintiff’s expert was not qualified to testify regarding the defendant physician’s management of the decedent’s diabetes. The trial court agreed and granted the motion. The plaintiff then appealed. Continue Reading ›

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 ›

While it is uncommon, men can be diagnosed with breast cancer. Regardless of whether a person diagnosed with breast cancer is male or female, it is a serious disease that requires aggressive treatment. As such, it is critical to obtain an accurate diagnosis as promptly as possible. Thus, a doctor that fails to diagnose a male patient with breast cancer in a timely manner may be sued for medical malpractice. Recently, a New York appellate court discussed the standards imposed on expert affidavits in support of and in opposition to a motion for summary judgment in a case in which the plaintiff sued his primary care physician for failing to diagnose his breast cancer. If you sustained an injury or suffered the worsening of illness due to your doctor’s failure to provide you with the correct diagnosis, it is prudent to speak to a dedicated Syracuse primary care malpractice lawyer to assess your case.

Factual History

It is alleged that the plaintiff was a patient of the defendant primary care physician and regularly treated with her at the defendant practice. The plaintiff, who is male, regularly complained of breast pain and other breast-related symptoms. The defendant did not order diagnostic imaging or any other tests,  however. Ultimately, the plaintiff was diagnosed with breast cancer. He then filed a medical malpractice case against the defendants due to their failure to diagnose him when his symptoms first presented. Following discovery, the defendants filed a motion to dismiss, which the plaintiff opposed. The trial court denied the motion, and the defendants appealed. Following a review, the appellate court affirmed the denial.

Sufficiency of Expert Reports in Medical Malpractice Cases in New York

In seeking a dismissal of a plaintiff’s case via summary judgment, a defendant bears the burden of proving, prima facie, that she or he did not depart from the standard of care or that if a departure did occur, it did not proximately cause the plaintiff’s harm. In the subject case, the court found that the defendants’ expert affidavit only addressed the issue of whether the defendants deviated from the applicable standard. In other words, it only briefly mentioned causation in a conclusory manner. Continue Reading ›

In medical malpractice cases in the state of New York, the plaintiff will typically need to produce an expert report to demonstrate that the defendant violated the standard of care. While generally, the expert will be a person that practices in the same specialty as the defendant, a practitioner that specializes in a different area of medicine than the defendant may be qualified to opine as an expert in certain circumstances. This was discussed in a recent New York case in which the court reversed the dismissal of a plaintiff’s primary care malpractice case. If you were injured by incompetent care provided by a doctor in a primary care practice, it is critical to contact a skillful Syracuse primary care malpractice attorney to discuss what damages you may be able to recover.

History of the Case

It is reported that the plaintiff visited the defendant primary care physician with complaints of neck pain,  scalp sensitivity, headaches, and other complaints. The defendant diagnosed the plaintiff with cervicalgia. Approximately a week later, the plaintiff’s daughter called the defendant and advised him that the plaintiff was suffering from vision loss. The defendant then advised that the plaintiff visit a specialist. The plaintiff was subsequently diagnosed with temporal arteritis and suffered irreversible blindness as a result.

Allegedly, the plaintiff then filed a medical malpractice lawsuit against the defendant. The defendant filed a motion for summary judgment, asking the court to dismiss the plaintiff’s claims. The defendant argued, in part, that the plaintiff’s expert report lacked probative value because it was provided by a doctor that practiced in general surgery rather than internal medicine. The court granted the defendant’s motion, and plaintiff appealed.

Continue Reading ›

In some instances, while it is evident that a person suffered harm due to inadequate medical care, the identity of each physician that provided incompetent care will not immediately be clear. Although a plaintiff seeking damages in a medical malpractice lawsuit can add additional defendants after the lawsuit is filed, he or she generally must do so within the statute of limitations. There are some exceptions, however, such as when the relation-back doctrine applies. In a recent primary care malpractice case, a New York appellate court discussed the elements a plaintiff must prove for the relation-doctrine to apply. If you suffered damages due to negligent care from your primary care physician, it is advisable to consult a trusted Syracuse primary care malpractice attorney regarding your harm.

Factual Background

Allegedly, the plaintiff’s decedent presented to her primary care physician’s office for outpatient care, following a diagnosis of ulcerative colitis. During her visit, she was treated by the defendant physician. She was admitted to the hospital the day after her visit, for complications due to her colitis. She returned to her primary care physician’s office a month after she was discharged from the hospital and was treated by a non-party physician employed by the defendant physician. Shortly thereafter, she returned to the hospital, where it was revealed that she had a gangrenous and perforated colon. She died one week later.

It is reported that the plaintiff filed a medical malpractice lawsuit against the defendant. After conducting the depositions of the defendant and the non-party physician, the plaintiff moved to add the non-party physician as a defendant. The court granted the plaintiff’s motion, and the defendant appealed, arguing that the statute of limitations barred any additional claims.

Continue Reading ›

Not all medical malpractice cases arise out of bodily harm; rather, in some instances, a medical malpractice case will arise out of the alleged breach of patient-doctor confidentiality. Regardless of the harm alleged, however, it is critical for the plaintiff to prove he or she suffered actual damages. This was explained in a recent primary care malpractice case in which the court found that a genuine issue of fact existed as to whether the defendant harmed the plaintiff, precluding dismissal via summary judgment. If you sustained damages due to a negligent primary care physician, it is wise to speak with a skillful Syracuse primary care malpractice attorney to discuss your potential damages.

Factual Background

It is reported that the plaintiff, who worked as a schoolteacher, began suffering from respiratory issues while at work. She attempted numerous treatments, but her symptoms persisted. Approximately a year later, the superintendent of the school district that employed the plaintiff asked the defendant primary care physician to examine the plaintiff pursuant to Education Law 913 to determine if the plaintiff was able to perform her job duties. The defendant examined the plaintiff and then sent a report of his findings to the superintendent.

Allegedly, the defendant annexed medical records from other providers that he received from the plaintiff to the report. The plaintiff then filed a medical malpractice lawsuit against the defendant, alleging he violated patient-doctor confidentiality by disclosing the records she provided to him. The defendant filed a motion for summary judgment, which the trial court denied. The defendant then appealed.

Continue Reading ›

While most medical malpractice cases are straightforward and merely allege harm caused by inadequate care provided by a doctor, some cases allege a physician should be held liable for inappropriate acts committed by a third party. In a recent case, the Supreme Court of New York, Bronx County analyzed whether a primary care physician could be held liable under for medical malpractice for criminal acts committed by a physical therapist the plaintiff was referred to by the physician. If you sustained harm due to the negligent care or referral of a primary care physician, it is prudent to meet with a trusted Syracuse primary care physician malpractice attorney as soon as possible to discuss whether you may be entitled to compensation.

Facts Regarding the Plaintiff’s Treatment

It is reported that the plaintiff treated with the defendant neurologist who diagnosed the plaintiff with a concussion and a spinal injury. The defendant neurologist prescribed physical therapy for the plaintiff and then referred the plaintiff to the defendant primary care physician (PCP). In turn, the primary care cleared the plaintiff for physical therapy following a physical examination. The plaintiff underwent physical therapy with the defendant student therapist, at the direction of the defendant PCP.

Allegedly, during one of the therapy sessions, the defendant student sexually assaulted the plaintiff. The plaintiff subsequently filed a medical malpractice lawsuit against the defendants alleging, in part, that the defendant PCP improperly prescribed medications and physical therapy, and knew or should have known that the defendant student would engage in sexual abuse and failed to protect the plaintiff from harm. The defendant PCP filed a motion for summary judgment, which the court ultimately granted.

Continue Reading ›

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