In Escobar-Santana v. State, the Supreme Court of New York, Appellate Division, Third Department reviewed a medical malpractice action involving claims of failure to diagnose and treat symptoms leading to a stroke. The appellate court affirmed the trial court’s judgment in favor of the plaintiff and rejected the State’s arguments challenging the sufficiency of the evidence and jury instructions.
On December 7, 2014, plaintiff Hector Escobar-Santana visited the emergency room at a state-run hospital complaining of a severe headache, vomiting, and dizziness. He was evaluated by a physician who diagnosed him with gastroenteritis and discharged him without ordering a CT scan or neurological consultation.
Two days later, Escobar-Santana returned to the hospital with worsened symptoms. He was diagnosed with a subarachnoid hemorrhage due to a ruptured aneurysm. The plaintiff alleged that the initial failure to perform appropriate diagnostic imaging and consult neurology specialists delayed life-saving treatment and caused permanent neurological deficits.
Escobar-Santana brought a medical malpractice claim against the State of New York. A jury found in his favor, awarding damages for past and future pain and suffering. The State appealed.
On appeal, the State argued that the jury’s verdict was unsupported by legally sufficient evidence and that the trial court erred in allowing certain jury charges. The Appellate Division rejected both arguments:
The court found that plaintiff’s expert witness—a board-certified neurologist—provided testimony establishing that the standard of care required diagnostic imaging and further evaluation, which the treating physician failed to perform.
The expert opined that the symptoms presented were consistent with a neurological emergency and that earlier detection of the aneurysm would have significantly improved the plaintiff’s outcome.
The court also upheld the jury instructions regarding the duties of emergency room physicians and the foreseeability of harm.
The appellate court concluded that the jury’s findings were supported by a fair interpretation of the evidence and declined to disturb the damages awarded.
Misdiagnosis and delayed treatment can have serious consequences. Our team at Whitcomb, Selinsky, PC assists clients in pursuing claims related to diagnostic errors and inadequate emergency care.