Syracuse Personal Injury Law Blog
Medical malpractice cases often turn on whether a provider responded appropriately to a patient’s symptoms during postoperative care. Under New York law, healthcare professionals must adhere to accepted medical standards when evaluating signs of complications, including potential infections. As such, conflicting expert opinions on the standards of care can prevent the early dismissal of a claim, as shown in a recent New York opinion issued in a medical malpractice case. If you have suffered harm due to inadequate medical treatment, you should speak with a skilled Syracuse medical malpractice attorney about your rights.
The Case Setting
It is reported that the plaintiff underwent arthroscopic surgery on his right knee in March 2016 to correct an internal knee derangement. Following the surgery, the plaintiff received physical therapy at the defendant healthcare provider’s office and was treated by the individual defendant provider between March and August 2016. The plaintiff continued to experience pain and swelling in the affected leg over the course of several months.
It is alleged that by May 2017, the plaintiff’s symptoms had worsened, and he presented to a hospital with pain and swelling in the same leg. There, he was diagnosed with osteomyelitis, a serious bone infection. Treatment of the condition ultimately required a bone graft, among other interventions. The plaintiff then instituted a medical malpractice case against the providers responsible for his postoperative care, asserting that they negligently failed to evaluate and treat signs of infection, which caused or contributed to his injuries.
It is further reported that the defendants moved for summary judgment to dismiss the claims, asserting that there was no departure from the standard of care and that, even if there had been such a departure, it did not proximately cause the plaintiff’s injuries. The defendants submitted expert testimony opining that the plaintiff’s symptoms were consistent with a normal recovery following knee surgery and that no observable signs of infection were present during the treatment period. The court denied the defendants’ motion, after which they appealed.
Conflicting Expert Reports in Medical Malpractice Cases
On appeal, the court affirmed the trial court’s denial of summary judgment, holding that the plaintiff’s claims raised triable issues of fact. The court began by outlining the standards applicable in medical malpractice actions. A defendant seeking summary judgment must make a prima facie showing either that there was no departure from the accepted standard of care or that any such departure did not cause the plaintiff’s injuries. In meeting this burden, the defendant must specifically address and rebut the allegations in the plaintiff’s complaint and bill of particulars.
The court acknowledged that the defendants did present expert evidence supporting their position. However, the court explained that summary judgment is not appropriate where the parties submit conflicting expert opinions. Here, the plaintiff introduced an expert affidavit stating that the providers failed to timely identify and treat an infection despite ongoing complaints of pain and observable deterioration in the condition of the plaintiff’s knee. The plaintiff’s expert further opined that, had the infection been properly diagnosed and treated with antibiotics, the plaintiff would not have developed osteomyelitis or required a bone graft. As a result, the court found that the plaintiff’s evidence was sufficient to raise material questions of fact on both negligence and causation.
Because both sides presented competent expert opinions that contradicted one another on essential elements of the claim, the court concluded that resolution of the dispute must be left to a jury. Accordingly, the court upheld the denial of summary judgment, allowing the plaintiff’s case to proceed to trial.
Talk to a Dedicated Syracuse Medical Malpractice Attorney
When medical professionals ignore warning signs or misattribute symptoms to normal recovery, the consequences can be severe. If you experienced worsening pain or complications after a medical procedure and suspect your condition was mishandled, the experienced Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can help. We represent clients throughout Syracuse, Rochester, and Upstate New York. Call us at 833-200-2000 or contact us online to schedule a free and confidential consultation.