Serving Clients Throughout Upstate New York with Multiple Convenient Locations Syracuse | Oneida | Watertown | New Hartford | Binghamton | Cortland | Rochester | Oswego | Albany | Buffalo

Court Discusses what is Discoverable in a New York Medical Malpractice Case

Physicians must undergo years of specialized schooling before they are permitted to practice medicine. As such, we expect that they should be able to provide acceptable medical care and diagnose and treat any illness in an appropriate time frame. When a patient is harmed due to his or her physician’s failure to treat an illness facts and information regarding the patient’s treatment from the date of the initial visit through the ultimate diagnosis is essential to proving the physician’s delay in diagnosing the plaintiff constitutes malpractice. A New York appellate court recently analyzed what documents the plaintiff is permitted to request while seeking that information, in a case in which the plaintiff alleged he suffered the loss of his leg due to a delayed diagnosis. If you sustained harm because of a delayed diagnosis it is critical to speak with a seasoned Syracuse medical malpractice attorney as soon as possible to determine your options for seeking compensation.

Facts Regarding the Plaintiff’s Treatment

Allegedly, the plaintiff injured his left foot, after which he underwent surgery which was performed by the defendant. The plaintiff then suffered an ischemic injury, which resulted in the swelling, gangrene, and infection, and ultimately the loss of the plaintiff’s leg from the knee down. The plaintiff filed a medical malpractice lawsuit against the defendant, alleging his harm was caused by the defendant’s failure to manage and treat the ischemic injury. During discovery, the plaintiff filed a motion to compel the audit trail of his treatment records, which he argued was relevant to the timing and sequence of his care following his surgery. Specifically, each time the records were accessed an entry was created which included information about the plaintiff’s care. The court denied the plaintiff’s motion, after which the plaintiff appealed.

Discoverable Materials in Medical Malpractice Cases

Under New York law, any information that is material and necessary must be disclosed in a civil action, regardless of the burden of proof. This has been interpreted to mean that any facts that will narrow issues and are relevant to the underlying dispute must be disclosed. As such, necessary means helpful, not indispensable. Further, any information that is sought in good faith that may be used in support of the party’s position in a case is to be considered material. A party seeking materials must show that the request is reasonably calculated to lead to relevant evidence. In the subject case, the court found that the plaintiff met his burden of showing that the audit trail was reasonably likely to lead to relevant evidence. Further, the defendant failed to show the court that the request was improper. Thus, the court reversed the trial court order and granted the plaintiff’s motion to compel.

Speak with an Experienced Syracuse Medical Malpractice Attorney Regarding Your Case

If you suffered harm due to your physician’s failure to diagnose or treat your illness in an appropriate timeframe, you should speak with an experienced Syracuse medical malpractice attorney regarding your case and your options for seeking damages. The capable Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are adept at handling medical malpractice cases involving the failure to diagnose, treat, and monitor, and will work diligently to help you develop strong arguments in favor of your recovery of the full amount of damages you may be owed. We can be contacted at 833-200-2000 or through the online form to schedule a confidential and free consultation to discuss your case.



Super Lawyers
Justia Lawyer Rating
Rue Ratings - Best Attorneys of America
Multi-Million Dollar Advocates Forum
National Association of Distinguished Counsel
Avvo Rating
Martindalle Hubbel
Best Law Firms
Contact Information