Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Care in a nursing and rehabilitation facility can involve everyday safety obligations and specialized medical judgment. That distinction matters because a malpractice claim generally requires qualified expert evidence addressing professional standards. When the expert’s opinion is speculative or introduces a theory absent from the pleadings, the claim may end before trial. As a recent New York ruling shows, the substance of the challenged treatment, rather than its label, controls how a court evaluates it. If you or a loved one were harmed by negligent nursing or rehabilitative care, a Syracuse medical malpractice attorney can help assess your options.
Factual and Procedural Setting
Allegedly, the decedent received treatment from the defendant nursing and rehabilitation facility. He filed an action against the facility in June 2020, asserting causes of action including medical malpractice and ordinary negligence. After the decedent died, the plaintiff, acting as executor of his estate, replaced him as the party pursuing the claims. The opinion did not identify the specific treatment acts or omissions underlying the lawsuit.
Reportedly, the parties completed discovery, after which the defendant moved for summary judgment dismissing the malpractice and negligence claims. The defendant supported its motion with an affidavit from a physical therapist who reviewed the medical records, deposition testimony, and pleadings. The expert concluded that the facility’s treatment complied with accepted medical practice. The plaintiff opposed the motion with a separate expert affirmation.
It is reported that the trial court granted the portions of the defendant’s motion seeking dismissal of both causes of action. The plaintiff appealed, arguing in part that the challenged conduct supported a claim for ordinary negligence and that factual disputes prevented dismissal of the malpractice claim.
Distinguishing Medical Malpractice from Ordinary Negligence
On appeal, the court first considered the nature of the duty the defendant purportedly breached. Ordinary negligence applies when jurors can evaluate the conduct through common, everyday experience. Medical malpractice applies when resolving the dispute requires knowledge of medical science, professional skill, or clinical judgment. It also covers conduct that constitutes treatment or bears a substantial relationship to treatment provided to a particular patient.
The court determined that the challenged conduct substantially related to the medical treatment the defendant provided to the decedent. The claim therefore sounded in medical malpractice, even though the plaintiff also characterized the conduct as negligence. Because lay jurors would need more than ordinary experience to assess the facility’s decisions, the court upheld dismissal of the separate negligence cause of action.
The court then applied New York’s summary judgment standard for malpractice cases. A defendant must initially show that it did not depart from accepted care or that any departure did not cause the claimed injury. If the defendant satisfies that obligation, the plaintiff must produce competent evidence creating a factual dispute on the elements the defendant addressed. General accusations cannot meet that burden.
The defendant established its entitlement to dismissal through its expert’s detailed review and opinion that the treatment complied with accepted practice. In response, the plaintiff’s expert offered conclusions that the court deemed speculative and insufficiently supported. The expert also attempted to advance a new theory of liability that did not appear in the complaint or bill of particulars.
The court explained that a party cannot avoid summary judgment by introducing a materially different claim through opposition papers. The court therefore affirmed the dismissal of both causes of action and awarded costs to the defendant.
Meet with an Experienced Syracuse Medical Malpractice Attorney
Injuries in nursing and rehabilitation facilities require careful analysis of treatment records, professional standards, and expert testimony. If you believe substandard treatment harmed you or someone you love, you should meet with an attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse medical malpractice attorneys can investigate your harm and aid you in pursuing the best outcome available. Call 833-200-2000 or contact us through our online form to schedule a free, confidential consultation.
