There are several elements an injured party must establish to successfully prove a hospital malpractice claim. Thus, even if a person can show a hospital breached the standard of care, the breach may not be actionable if it did not result in any harm. this was illustrated in a case recently decided by a New York appellate court, in which the court dismissed the plaintiff’s complaint due to the failure to show that the departure from the standard of care resulted in the harm alleged. If you sustained an injury or illness due to hospital malpractice it is critical to engage a proficient Syracuse hospital malpractice attorney as soon as possible to help you pursue the full amount of damages you may be owed.
Facts Regarding the Plaintiff’s Treatment and Alleged Harm
Reportedly, the plaintiff presented to the defendant hospital when she was six weeks pregnant, with complaints of bleeding and severe pain. She underwent a blood test and an ultrasound to determine whether she had an intrauterine pregnancy, an ectopic pregnancy, or was suffering a miscarriage. The radiologist who interpreted the ultrasound determined that the plaintiff had a single intrauterine pregnancy. She was discharged from the hospital and directed to follow-up with her gynecologist.
It is alleged that the following day the plaintiff visited the defendant obstetrician, who ran additional bloodwork and advised the plaintiff that based on her bloodwork and the preliminary report from the radiologist that she was having a miscarriage. That same day, the defendant hospital issued an amended radiology report in which it stated that it was not certain whether there was a gestational sac in the uterus. The amended report was not sent to the defendant obstetrician. Approximately six weeks later, the plaintiff was diagnosed with an ectopic pregnancy and underwent surgery to remove her left fallopian tube.