Typically, a plaintiff in a medical malpractice action will allege that the defendant acted in a careless manner, and therefore that the plaintiff’s harm was a consequence of the defendant’s negligence. In some instances, though, inappropriate medical care will result in other claims, such as intentional battery. It is important for an injured patient to understand the nature of his or her claims and the applicable time limitations to pursuing damages for different types of harm. Otherwise, a claim may be time-barred, as illustrated in an opinion issued by a New York court in a neurosurgery malpractice case. If you suffered harm due to an incompetent neurosurgeon, it is advisable to speak to a skillful Syracuse neurosurgery malpractice attorney regarding your possible claims.
The Plaintiff’s Allegations and Pleadings
It is reported that the plaintiff underwent a spinal fusion surgery, which was performed by the defendant. The surgery was intended to correct the plaintiff’s spondylolisthesis. Approximately two years after the surgery, the plaintiff filed a medical malpractice action against the defendant, alleging negligence and lack of informed consent claims. As to the negligence claim, the plaintiff alleged that the defendant had negligently repositioned or rotated the plaintiff’s pelvis during the surgery, causing her to suffer severe pain and permanent injuries. Following discovery, the defendant moved to have the plaintiff’s claims dismissed via summary judgment. The court granted the defendant’s motion, after which the plaintiff appealed.
Medical Treatment that Constitutes Intentional Battery
Upon review, the appellate court affirmed the trial court’s ruling. The court explained that despite the fact that the complaint only alleged the defendant acted negligently in performing the surgery, when a patient agrees to undergo a certain treatment for a condition but is subjected to a separate procedure for a completely different condition, it is clear that the deviation from the consent granted was intentional.