Trial Win for John T. Maloney in Medical Malpractice Action
By: Carter Conboy
John Maloney successfully defended his client, a family practice physician, at a trial held in Albany County Supreme Court.
The plaintiff, the estate of a 77-year-old deceased woman, claimed that Mr. Maloney’s client, together with a cardiologist and a local hospital, were medically negligent in causing the decedent’s death.
The decedent was a morbidly obese woman with a myriad of serious health conditions including end state congestive heart failure. She was admitted to a local hospital after falling in her driveway. During her one-week hospital stay, the decedent was treated by Mr. Maloney’s client, her family physician of 27 years, and the co-defendant cardiologist. At discharge, both physicians agreed that she would follow-up with the cardiologist within one week, and Mr. Maloney’s client ordered at-home visiting nurses.
The decedent, unbeknownst to Mr. Maloney's client, did not make a follow-up appointment with her cardiologist, as instructed.
One month later, she was re-admitted to the hospital with acute renal failure. She was placed on a do-not-resuscitate order by her family and passed away the next day.
Mr. Maloney argued that his client’s treatment of the decedent during her first hospitalization was appropriate and within the medical standards of care. The decedent’s attorney produced an expert witness, a physician Board Certified in Family Practice, who argued that both of the defendant physicians breached the standard of care.
An Albany County jury deliberated and found no cause of action against Mr. Maloney’s client or the co-defendant cardiologist. The plaintiff did not appeal the jury verdict.