Syracuse Medical Malpractice and Personal Injury Lawyer Blog

New York Court Draws Distinction Between Medical Malpractice and Medical Negligence

Published on: September 14, 2021 | By DeFrancisco & Falgiatano

In New York, the terms medical malpractice and medical negligence are often used interchangeably. While they have similar meanings, there are differences between the two, and they impose distinctive burdens of proof on plaintiffs asserting them as causes of action. The was demonstrated in a recent opinion issued by a New York court in a case arising out of primary care malpractice. If you suffered harm due to the careless acts of your physician, it is important to understand what evidence you must produce to recover damages, and you should speak to a Syracuse primary care malpractice lawyer about your rights.

The Decedent’s Harm

It is reported that the decedent was living in a state-owned facility. He visited the infirmary with complaints of chest pain that radiated down his arm lasting two hours. The nurse at the infirmary attempted to conduct an EKG, but the machine used to perform the test was inoperable. She then contacted the defendant medical center to perform telehealth services for the decedent. The attending physician’s assistant contemplated ordering an EKG but did not because the decedent’s vital signs were normal.

Allegedly, after the telehealth consultation ended, the nurse gave the decedent medication, and he returned to his room. He returned to the infirmary a second time, at which point the EKG machine was working. An EKG revealed he was having a heart attack, and he was transferred to a hospital. He subsequently filed a lawsuit against the state, alleging, among other things, medical negligence. The state moved to dismiss the plaintiff’s claims via summary judgment, but the court found that there was a genuine factual dispute as to whether the state deviated from the accepted standard of care. Continue Reading ›

New York Court Discusses Federal Jurisdiction Over Medical Malpractice Cases

Published on: September 10, 2021 | By DeFrancisco & Falgiatano

It is well-established that people harmed by medical malpractice have the right to seek compensation from the parties responsible for their injuries. While it is not required for a plaintiff in a medical malpractice case to be represented by an attorney, it is prudent, as most people outside of the legal arena do not understand the requirements imposed by procedural rules and are likely to make mistakes that can adversely impact their claims. This was illustrated in a recent ruling in which a New York court dismissed a plaintiff’s claims seeking damages for medical malpractice due to lack of jurisdiction over the matter. If you were hurt by negligent medical care, you could be owed damages, and you should engage the services of a Syracuse medical malpractice lawyer to aid you in pursuing your claims.

Procedural History of the Case

It is reported that the plaintiff filed a lawsuit in federal court against the state, asserting numerous claims, including medical malpractice. She filed the complaint without the assistance of an attorney. The precise nature of the medical treatment she received and the harm that arose from such care was not disclosed in the court’s opinion. She moved to proceed in forma pauperis; as such, the court conducted its two-part analysis, first determining if she qualified for in forma pauperis status and then screening her complaint to evaluate if it was within the court’s jurisdiction.

It is alleged that while the court granted her motion to proceed in forma pauperis, it found that the complaint did not provide grounds for federal jurisdiction. It provided the plaintiff leave to amend her complaint, which she did. The court determined her amended complaint to be devoid of grounds for jurisdiction as well and subsequently dismissed her claims. Continue Reading ›

New York Court Explains Grounds for Setting Aside a Jury’s Verdict in a Medical Malpractice Case

Published on: September 10, 2021 | By DeFrancisco & Falgiatano

In medical malpractice cases, the task of evaluating a plaintiff’s damages is usually assigned to the jury. While assessing the cost of past and future medical care is a relatively straightforward task, determining the value of the suffering and pain endured by the plaintiff is not a clear-cut process. As such, the jury may issue a verdict that does not align with the evidence produced at trial. In such instances, either party can move to set the verdict aside, but establishing that a jury’s damages award is inappropriate can prove difficult. Recently, a New York court discussed the standards used in evaluating whether a verdict should be vacated in an opinion issued in a nursing malpractice case. If you were injured due to negligent nursing care, you could be owed damages, and it is in your best interest to meet with a Syracuse nursing malpractice lawyer to discuss your options.

The Decedent’s Harm

It is reported that the decedent was receiving care in a long-term nursing facility when he choked on a piece of food. He subsequently suffered a heart attack, lapsed into a coma, and died several weeks later. The plaintiff, the representative of the decedent’s estate, filed a malpractice lawsuit against the defendant facility. The complaint alleged that the nurse that performed CPR on the decedent failed to check his airway for an obstruction, which constituted a departure from the standard of care.

Allegedly, the complaint further asserted that the nurse’s breach of the standard was a substantial factor in bringing about the decedent’s harm. The case proceeded to trial, and the jury issued a verdict granting the plaintiff $300,000 for the decedent’s conscious pain and suffering. The plaintiff then moved to set aside the verdict on the issue of damages as against the weight of the evidence. The court denied the motion, and the plaintiff appealed. Continue Reading ›

New York Court Discusses Federal Jurisdiction Over Medical Malpractice Claims

Published on: August 28, 2021 | By DeFrancisco & Falgiatano

In many instances, parties that suffer harm due to medical negligence will sustain other damages as well, such as losses caused by violations of their civil rights. Thus, they will often choose to pursue claims for damages in federal court. While federal courts can exercise supplemental jurisdiction over state law claims in certain circumstances, if the basis for such jurisdiction is removed, the courts will typically decline to exercise jurisdiction over such claims. This was demonstrated in a ruling recently issued in a New York case in a matter arising out of physical therapy malpractice. If you sustained injuries due to the negligence of a physical therapist, it is smart to speak to a skillful Syracuse physical therapy malpractice lawyer regarding your potential claims.

The Plaintiff’s Harm

It is reported that the plaintiff, who is a paraplegic, underwent a physical therapy session with the defendant. During the session, the defendant placed a hot pack on the plaintiff’s lower back and advised him to leave it there. The plaintiff subsequently suffered second-degree burns, which he alleged caused emotional trauma and mental distress in addition to physical pain. He filed a lawsuit against the defendant, asserting medical malpractice claims as well as claims arising under federal law. The defendant moved to have the plaintiff’s claims dismissed in their entirety. The court ultimately ruled in favor of the defendant and dismissed the plaintiff’s claims.

Supplemental Jurisdiction Over State Law Claims Filed in Federal Court

The court concluded that the plaintiff failed to assert viable federal claims. Thus, it dismissed the counts in his complaint that arose under federal law. The court also declined to exercise jurisdiction over the plaintiff’s medical malpractice claim, which arose under state law, unless the plaintiff was able to amend his complaint to assert a viable federal claim. Continue Reading ›

New York Court Discusses Federal Diversity Jurisdiction in Medical Malpractice Cases

Published on: August 23, 2021 | By DeFrancisco & Falgiatano

Typically, medical malpractice cases arising out of incompetent medical care rendered in New York are filed in state court. Plaintiffs are not precluded from pursuing claims in federal court, but if they do so they must establish that jurisdiction is proper; otherwise, their claims may be dismissed. Recently, a New York court discussed federal diversity jurisdiction over medical malpractice cases in a matter in which the plaintiff asserted numerous claims against multiple defendants. If you suffered harm because of incompetent medical care, it is critical to retain a Syracuse medical malpractice lawyer to assist you in pursuing any compensation you may be owed.

The Plaintiff’s Allegations

It is alleged that the plaintiff filed a federal lawsuit asserting numerous claims against multiple parties, including a medical malpractice claim against the defendant hospital. Specifically, the plaintiff alleged the defendant hospital unjustly discharged him and unlawfully shared his confidential health records with third parties. The defendant hospital moved to dismiss the plaintiff’s medical malpractice claims on the grounds that the court lacked subject matter jurisdiction over them. After reviewing the pleadings, the court agreed and dismissed the plaintiff’s medical malpractice claims without prejudice.

Federal Diversity Jurisdiction in Medical Malpractice Cases

Pursuant to federal law, district courts have jurisdiction over civil claims if the amount in controversy exceeds $75,000, and the dispute is between citizens of different states. The courts strictly construe the law against finding jurisdiction. Further, the law requires that, in federal actions in which jurisdiction is premised on diversity, complete diversity of citizenship must exist when the plaintiff institutes the action. Continue Reading ›

New York Court Discusses Notice Required in Medical Malpractice Cases Against Municipalities

Published on: August 15, 2021 | By DeFrancisco & Falgiatano

In New York, it is not uncommon for a person to receive medical care in a facility owned by a municipality. Doctors that work for municipalities, like other physicians, can make harmful mistakes, and while parties can seek compensation from municipalities via medical malpractice suits, they must comply with certain notice requirements to protect their claims. Recently, a New York court issued an opinion warning of the consequences of failing to comply with notice requirements in cases against municipalities, in a matter in which it ultimately dismissed the plaintiff’s claims. If you were hurt by incompetent medical care in a municipal facility, it is smart to speak to a Syracuse medical malpractice lawyer regarding what you must do to protect your rights.

The Plaintiff’s Harm

It is reported that the plaintiff entered a municipally owned facility, and during her admission process, advised the defendant nurse that she was prescribed numerous medications that she must continue to take to maintain her health. She was administered some, but not all, of her medications. She later met with the defendant psychiatrist and advised she felt a manic episode coming on.

Allegedly, she was not provided the psychiatric medication she needed to manage her symptoms regardless of her requests. She subsequently filed a lawsuit against the defendants and other parties, asserting numerous claims. The defendants moved for dismissal, while the plaintiff moved for permission to amend her complaint to add medical malpractice claims against the defendants. The defendants opposed the plaintiff’s motion. Continue Reading ›

Court Explains Certificates of Merit in New York Medical Malpractice Cases

Published on: August 10, 2021 | By DeFrancisco & Falgiatano

In New York, medical malpractice cases differ from other civil claims in multiple ways. For example, there are numerous additional pleading and evidentiary requirements imposed on plaintiffs that they must meet in order to pursue damages. If plaintiffs fail to abide by the statutory obligations, it may adversely affect their claims. For example, in a recent New York nursing malpractice case, the court discussed the implications of the failure to include a certificate of merit with an initial pleading. If you suffered harm due to the negligence of a nurse, it is prudent to consult a Syracuse nursing malpractice lawyer to discuss what evidence you must produce to recover damages.

The Plaintiff’s Claims

It is reported that the plaintiff’s decedent presented to the county courthouse in response to a warrant. As part of a routine screening, the decedent reported that he had consumed numerous illicit and prescription drugs prior to arriving at the courthouse, and during his hearing, a drug treatment coordinator advised she was concerned for his safety and he needed immediate medical care. Regardless, the judge ordered him to confinement in the county jail.

Allegedly, the defendant nurses were both working at the county jail that day and observed the decedent, who was having difficulty standing, speaking, and walking. At one point, the plaintiff spoke with one of the nurses and stated she was concerned the decedent would die if he did not receive prompt care, and the defendant nurse stated the decedent was fine. The decedent passed away to form an accidental drug overdose, and the plaintiff filed numerous claims, including medical malpractice claims against the defendants. The defendants moved to dismiss the plaintiff’s claims, arguing she failed to comply with the required procedure. Continue Reading ›

Court Explains Sufficiency of Expert Reports in New York Medical Malpractice Cases

Published on: August 6, 2021 | By DeFrancisco & Falgiatano

In New York, whether a medical malpractice case is successful typically hinges on whether the judge or jury finds either party’s expert reports to be adequate or compelling. As such, both plaintiffs and defendants will often argue the opposing party’s expert reports are deficient, or that their expert lacks the qualifications needed to offer an opinion. Recently, a New York court discussed the sufficiency of expert reports in a case in which the plaintiff alleged he suffered harm due to hospital malpractice. If you were hurt by incompetent care in a hospital, you should meet with a Syracuse hospital malpractice lawyer to determine your options for seeking damages.

The Plaintiff’s Allegations

It is reported that the plaintiff was admitted to the defendant hospital multiple times between April and July 2008. During his admissions, he developed lesions and decubitus ulcers on his legs, knees, and other areas of his body, which he asserted were caused by the negligence of the defendant’s employees. Thus, he filed a lawsuit against the defendant, seeking compensation for his harm which he asserted was caused by medical malpractice.

Allegedly, after the parties exchanged expert reports, the defendant moved for summary judgment. The plaintiff opposed the motion on the grounds that the defendant’s expert lacked the qualifications to offer an expert opinion, but the court granted it, dismissing the plaintiff’s claims. The plaintiff then appealed. Continue Reading ›

New York Court Discusses Medical Malpractice Claims Arising Out of Criminal Acts Caused by Insanity

Published on: July 25, 2021 | By DeFrancisco & Falgiatano

Generally, plaintiffs in medical malpractice cases allege that the defendant doctors failed to provide them with proper care, thereby causing their harm. In some instances, though, the plaintiff will not allege the defendant negligently caused the plaintiff to suffer physical injuries but will instead seek to hold the defendant accountable for medical malpractice for failing to prevent the plaintiff from harming others. This was demonstrated in a recent case in which the plaintiff argued his treating psychiatrists committed medical malpractice by failing to recognize he posed a risk of injury to other individuals. If you suffered losses due to a negligent psychiatrist, it is prudent to confer with an experienced Syracuse medical malpractice lawyer about your rights.

The Plaintiff’s Allegations

It is reported that the plaintiff was arrested and taken to the defendant hospital after he threatened to kill his family and abused and killed an animal. When he was at the hospital, he was examined by the defendant psychiatrist, who failed to diagnose him with any mental disease or ongoing condition and discharged him without notifying the police.

Allegedly, after he was discharged, the defendant killed the three members of his family he previously threatened. He subsequently was arrested and charged with numerous crimes. The State accepted his plea that he was not guilty by reason of insanity, and he was placed in an institution. He then filed a medical malpractice lawsuit against the defendant. The defendant moved for dismissal, arguing that the plaintiff failed to set forth a legally cognizable claim. The court denied the motion, and the defendant appealed. Continue Reading ›

Court Explains Evidence Needed to Demonstrate Medical Malpractice in New York

Published on: July 20, 2021 | By DeFrancisco & Falgiatano

Back conditions are complicated, and doctors require extensive training and experience before they can properly manage them. If a doctor fails to address symptoms that indicate potentially critical back issues, it can result in significant damages, including paralysis. Even if it seems clear that a patient’s losses are caused by negligence, however, to recover damages in a medical malpractice case, a plaintiff must typically retain a medical expert who sets forth precisely how the defendant doctor harmed the plaintiff. The failure to do so can result in the dismissal of the case, as demonstrated in a recent New York ruling. If you were injured by an incompetent orthopedic surgeon, it is smart to meet with a Syracuse medical malpractice lawyer to determine your options.

The Plaintiff’s Harm

It is reported that the plaintiff suffered from scoliosis and underwent numerous spinal surgeries throughout her life. She routinely treated with the defendant orthopedic surgeon for management of her back pain. In October 2016, her back pain worsened, and she underwent x-rays which revealed that one of the rods that had previously been surgically installed in her back had broken. She visited the defendant, who determined that her condition was not emergent and did not require any management at that time because she was neurologically stable.