People who visit hospitals are often suffering from acute issues. Like all other physicians, doctors providing emergency treatment must abide by the applicable standard of care, and if they fail to do so, it can lead to grave harm. Many doctors will attempt to have medical malpractice claims asserted against them dismissed, despite the evidence in favor of the imposition of liability. Recently, a New York court issued a ruling in a medical malpractice matter discussing what proof a defendant must offer to support the argument that judgment should be granted in their favor as a matter of law. If you sustained injuries due to incompetent medical care, it is advisable to consult a Syracuse medical malpractice lawyer to assess your rights.
The Decedent’s Harm
Reportedly, the decedent presented to the defendant hospital for emergency surgery due to a polyp on her vocal cords that was obstructing almost 85% of her airway. The defendant doctor determined that the plaintiff would either need to be intubated or undergo a tracheostomy while awake to secure her airway. The defendant doctor was unable to intubate the decedent after several failed attempts, after which he performed an awake tracheostomy.
Allegedly, the decedent’s airway was lost during the procedure, and despite attempts to re-establish it, her heart rate dropped, causing her to suffer swelling of the brain. She was transferred to palliative care and died a few days later. The plaintiff instituted a medical malpractice lawsuit against the defendants, alleging their negligence caused the decedent’s death. The defendants moved for summary judgment, but the court denied their motion. As such, they appealed. Continue reading