Appeals court revives malpractice suit against radiologist

A New York appeals court has reinstated a medical malpractice lawsuit against radiologist Voytek W. Sobieraj, MD, and Associated Radiologists of the Finger Lakes. The court reversed the prior judgment and granted a new trial.

Eric C. Burns and Heather S. Burns brought the case seeking damages for injuries tied to alleged malpractice. At trial, the plaintiffs’ expert testified that Sobieraj deviated from medically acceptable treatment standards when reviewing a series of lung X-rays.

Jurors had found that Sobieraj was not negligent. On appeal, the Appellate Division, Fourth Department, said reversal was required because Supreme Court improperly gave an error-in-judgment charge.

An error-in-judgment charge can be appropriate when a physician chooses among several medically acceptable treatment options, according to the court. In this case, appellate judges found no trial evidence that Sobieraj made that kind of choice.

Plaintiffs’ theory centered on alleged lack of due care in assessing Burns’ condition. The court said the issue for the jury was whether the alleged failure to diagnose represented a deviation from accepted standards of care.

Appellate judges also rejected the argument that the instruction error was harmless. The court wrote that the complaint is reinstated and a new trial is granted.

The case is Burns v. Sobieraj, 2026 NY Slip Op 02537. The decision was issued April 24 by the New York Supreme Court, Appellate Division, Fourth Department.