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New York Court Discusses When a Failure to Diagnose Proximately Causes Harm

If you suffered damages due to your doctor’s failure to diagnose or treat an illness, connecting your doctor’s inadequate care to your harm is essential to present a successful case. This was illustrated in a case recently ruled upon by the appellate division of the Supreme Court of New York, in which the court found that the doctor’s failure to diagnose the plaintiff did not result in her ultimate harm, and dismissed the plaintiff’s case. If you were injured by a doctor’s failure to diagnose or treat your illness it is critical to retain a trusted Syracuse hospital malpractice attorney to set forth persuasive arguments to show that your doctor should be liable for your damages.

Facts Regarding the Plaintiff’s Treatment

Reportedly, the plaintiff presented to the emergency room of the defendant hospital where she was treated and released, with complaints of ear pain. She was later diagnosed with an ear infection by another treatment provider, and ultimately suffered hearing loss. She subsequently filed a medical malpractice lawsuit against the defendant hospital and defendant emergency room physician, alleging that the failure to diagnose her ear infection caused her to sustain hearing loss. The defendants filed a motion for summary judgment, which the trial court denied. The defendants appealed and on appeal, the appellate court reversed the trial court ruling.

Proximate Cause

On appeal, the court stated that the defendants established as a matter of law that they did not depart from the applicable standard of care in rendering treatment to the plaintiff. Specifically, the defendants’ expert affidavits stated that further testing or a referral to an otolaryngologist was not indicated by the results of the plaintiff’s physical examination or the symptoms she described. Further, the reports established that to the extent the defendants deviated from the standard of care in failing to diagnose the plaintiff’s ear infection, any departure did not proximately cause the plaintiff’s alleged harm. Under New York law, proximate cause is established in a medical malpractice case when it is a substantial factor in bringing about the alleged harm.

In the subject case, the appellate court noted that in response to the defendant’s expert report the plaintiff merely provided an expert report that was speculative and set forth conclusions that were not supported by any facts of records. As such, the court found that the plaintiff failed to establish a triable issue of fact as to whether the defendants proximately caused her harm. Accordingly, the appellate court found that the trial court erred in denying the defendant’s motion for summary judgment.

Consult a Trusted Failure to Diagnose Medical Malpractice Attorney to Discuss Your Case

If you suffered harm following inadequate medical treatment, there is a strong chance that your harm was caused by the inappropriate care and you should consult a trusted Syracuse failure to diagnose medical malpractice attorney to discuss your case and what you must prove to show t]your doctor caused your harm. The seasoned Syracuse failure to diagnose medical malpractice attorneys of DeFrancisco & Falgiatano, LLP Personal Injury Lawyers will work tirelessly to help you pursue the full amount of compensation you may be owed. You can reach us through our form online or at 315-479-9000 to schedule a meeting to discuss your case.

 

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