Montfort, Healy, McGuire & Salley LLP



Spring 2017 E-Newsletter

New York Medical Malpractice Lawsuit Against Hospital and Pediatricians Is Tossed out by Appellate Court

On February 23, 2017, a New York court of appeals cleared several pediatricians and a major New York hospital, of a medical malpractice lawsuit that accused them of failing to diagnose an infant’s tumor. The lawsuit was brought by the infant plaintiff’s parents. The lawsuit alleged that the doctors breached the expected standard of medical care by not discovering and treating the infant’s Medulloblastoma, a type of brain tumor, earlier.

After the five-judge appellate panel for the New York Supreme Court reviewed medical records and expert testimony submitted by the defendant pediatricians the judges stated that the evidence showed the doctors had properly assessed the infant’s vomiting symptoms. Upon assessing the infant’s symptoms, the pedestrians referred the infant to specialists at the hospital, who diagnosed the brain tumor. Both specialists were cleared of liability in the case.

The expert witness for the infant plaintiff’s family claimed that the infant’s condition could have been diagnosed and treated more successfully. In the expert witnesses’ opinion, if the pediatricians had administered a clinical neurological exam, it would have revealed signs of a tumor and led to an earlier diagnosis that would have ultimately resulted in less brain damage.

The appellate panel ruled that the expert testimony was “conclusory and speculative,” and lacked scientific facts or medical evidence to support the claim. The appellate court tossed out the lawsuit against the pediatricians and the hospital and sustained the trial court’s summary judgment from January 2016 which cleared the defendants of medical malpractice.

Medical malpractice lawsuits have the potential to hinder the success and productivity of medical professionals and the healthcare institutions they work for. Aggressive medical malpractice defense is the sometimes the only option when doctors, medical staff members, and hospitals come under a destructive claim. The New York medical malpractice lawyers at Montfort, Healy, McGuire & Salley, LLP have experience representing healthcare professionals, hospitals and insurance companies in these matters and will always put forth a strong and compelling defense on behalf of our clients. For more information or to schedule a consultation, contact our Garden City, New York medical malpractice defense law firm at (516) 747-0748.

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