Wrongful Death

Published on: November 29, 2022

Court Examines the Relation Back Doctrine in New York Medical Malpractice Cases

Pursuant to New York law, parties pursuing wrongful death claims against negligent healthcare providers must comply with the applicable statute of limitations. Generally, the courts will dismiss claims filed outside of the statutory period. There are exceptions, though, that allow for the tolling of the statute of limitations, such as when a claim relates back to a previously filed pleading. In a recent opinion issued in a wrongful death and medical malpractice case, a New York court analyzed whether the relation back doctrine applies to consolidated cases, ultimately concluding that it does. If you lost a loved one due to medical malpractice, it is in your best interest to consult a Syracuse medical malpractice attorney to discuss your potential claims.

The Procedural History of the Case

It is reported that the decedent died in October 2017. In May 2019, the plaintiffs filed a wrongful death and medical malpractice lawsuit against multiple defendants, arguing that their failure to properly interpret the decedent’s imaging studies led to his death. In January 2020, the plaintiffs filed a second medical malpractice and wrongful death case, naming a doctor that was not properly served in the first case and her company as defendants.

Allegedly, the two cases were then consolidated. The defendants in the second action then moved for dismissal of the plaintiffs’ claims on the grounds that they were filed outside of the statute of limitations. The plaintiffs opposed the motion, arguing that the relation back doctrine applied and, therefore, the claims were not barred by the statute of limitations. Continue reading

Published on: October 29, 2019

New York Court Discusses Liability of Residents in Medical Malpractice Cases

by DeFrancisco & Falgiatano

Many hospitals and facilities not only provide medical care, but they also act as learning institutions for doctors in training. Thus, in many cases, a patient will be treated by a resident who is supervised by an attending physician. The duties imposed on supervised medical personal differ from those exercising independent judgment, as explained in a recent medical malpractice case decided by the Appellate Division of the Supreme Court of New York, and in some cases, a resident may not be held liable for an injured patient’s harm. If you were injured by negligent medical care, it is advisable to speak with a dedicated Syracuse medical malpractice attorney to discuss your potential claims.

The Plaintiff’s Treatment

It is alleged that the plaintiff’s decedent underwent gallbladder removal surgery, during which his liver was lacerated. He subsequently died from bleeding complications. The plaintiffs then filed wrongful death and lack of informed consent claims against the defendant medical center, and defendant resident. As to the defendant resident, the plaintiffs alleged that he failed to test the decedent’s blood coagulation profile or to address the decedent’s coagulation issues prior to the surgery. The defendant resident filed a motion for summary judgment, which the court denied. The defendant appealed.

Published on: December 18, 2017

Wrongful Death Arising From Malpractice in Syracuse and Across New York

by DeFrancisco & Falgiatano

Losing a loved one is a shattering experience in anyone’s life, especially when the death was untimely and unexpected. If you lost a loved one during or shortly after a medical procedure, you may be entitled to file a wrongful death lawsuit. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse wrongful death attorneys will thoroughly review your claim and determine how we can help. With years of experience, you can rest assured that we understand how to pursue the compensation you need to move on with your life.

Unfortunately, medical malpractice is more common than you may think. In fact, one Johns Hopkins study found that medical malpractice deaths are the third-leading cause of death in the nation. According to data collected by the Institute of Medicine, one of five medical errors are potentially serious or fatal. Additionally, an estimated 98,000 Americans die each year due to preventable medical errors, including 7,000 deaths caused by medication errors.

When your loved one’s death is caused by someone else’s negligence, you may be able to file a wrongful death claim against the at-fault party. New York places the responsibility of filing the wrongful death claim on the “personal representative” of the deceased person’s estate. This means family members are not allowed to file a wrongful death claim in civil court unless that family member is also the personal representative of the deceased person’s estate. However, the wrongful death claim may seek damages for losses suffered by the deceased person’s heirs, beneficiaries, or devisees, as well as any losses suffered by the decedent’s estate.