Michelle Dalen alleged that she fell on ice while cleaning off her car in the winter of 2011. The fall caused her to hit her head on the pavement. She claimed that she was hospitalized at St. John Medical Center and misdiagnosed with a mental illness. She also contended that the hospital did not get her consent for treatment she was given.
A judge dismissed the case last week, saying that the woman did not have enough evidence to prove her case.
When filing a medical malpractice case, the plaintiff must prove several elements. These include:
- An established doctor-patient relationship
- A failure on the part of the doctor to provide the accepted standard of care
- Harm suffered
- A direct correlation between the harm suffered and the negligence or error on the part of medical staff
When each of these elements cannot be proven satisfactorily, a judge may rule that the case cannot move forward. What the judge deemed not evident in this case was not clear, only that the woman had not provided sufficient information with which to continue her case.
If you or a family member have suffered harm due to a doctor’s negligence or error in New York, reach out to our office. We will review the details of your injury to determine if you have enough evidence to file a medical malpractice case. Your first consultation will be held at no cost to you and we will not take your case if we do not believe it has the potential to be successful. Call now to schedule your appointment.