Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Patients trust their healthcare providers to recognize warning signs of serious illnesses and promptly order appropriate testing or referrals. When a diagnosis is delayed, however, proving that the delay actually changed the patient’s outcome often becomes one of the most heavily contested issues in a medical malpractice lawsuit. A recent New York ruling highlights why detailed and well-supported expert testimony is essential for establishing both negligence and causation in delayed-diagnosis cases. If you believe a delayed diagnosis caused you or a loved one to suffer unnecessary harm, you should speak with a Syracuse medical malpractice attorney to discuss your legal rights and potential remedies.
Facts and Procedural History
Allegedly, the plaintiff commenced a medical malpractice action against several healthcare providers, asserting that they failed to diagnose and treat multiple myeloma in a timely manner. The plaintiff alleged that the defendants departed from accepted medical practice by failing to recognize signs of the disease and that the delayed diagnosis caused significant injuries. During the litigation, the original plaintiff filed for bankruptcy, and the trustee of the bankruptcy estate was substituted as the plaintiff in the action.
Reportedly, after discovery concluded, the defendants moved for summary judgment, arguing that their medical care complied with accepted standards of practice and that any alleged diagnostic delay did not cause the plaintiff’s injuries or alter the patient’s prognosis. The trial court granted the motion and dismissed the claims against the moving defendants. The plaintiff appealed, arguing that disputed issues of fact required the case to proceed to trial.
Expert Testimony and Proximate Cause
On appeal, the court reviewed the well-established standards governing summary judgment in New York medical malpractice actions. The court noted that a defendant pursuing dismissal has to establish either that there was no departure from accepted medical practice or that any alleged departure was not a proximate cause of the plaintiff’s injuries. If they meet that burden, the plaintiff then must present competent expert evidence specifically addressing the opinions offered by the defense experts and demonstrating that genuine factual disputes exist.
The court concluded that the defendants satisfied their initial burden by submitting expert affirmations explaining that the medical care provided complied with accepted standards and that any alleged delay in diagnosing multiple myeloma did not change the patient’s treatment options or prognosis. Those opinions directly addressed both the standard of care and the issue of causation, shifting the burden to the plaintiff.
The court determined that the plaintiff’s expert submission was insufficient to defeat summary judgment. Although the expert criticized aspects of the medical care, the opinion failed to meaningfully address the standard of care applicable to certain defendants and did not specifically rebut the defense experts’ conclusions regarding proximate cause. Instead, the expert relied on generalized and conclusory assertions that the delayed diagnosis caused injury without explaining how an earlier diagnosis would have changed the patient’s medical outcome.
The court emphasized that New York law requires expert opinions to do more than identify possible departures from accepted medical practice. When a delayed diagnosis forms the basis of a malpractice claim, the expert must specifically explain why the alleged delay caused additional injury or worsened the patient’s prognosis. Because the plaintiff’s expert failed to provide that analysis, the court affirmed the dismissal of the claims.
Meet with an Experienced Syracuse Medical Malpractice Attorney
If you or a loved one has been harmed by a delayed diagnosis or another form of medical negligence, you may be owed damages, and you should talk to an attorney. The experienced Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can assess your case and aid you in seeking the best outcome possible. Contact us through our online form or call 833-200-2000 today to set up a confidential and free meeting.
