Rochester Medical Malpractice and Personal Injury Lawyer Blog

New York Court Discusses Time Limits in Medical Malpractice Claim

Published on: April 23, 2025 | By DeFrancisco & Falgiatano

Medical malpractice claims against public hospitals in New York must follow strict procedural requirements, including the timely filing of a notice of claim. When a patient dies after allegedly receiving substandard medical care, surviving family members may seek permission to file a late notice, but that request must satisfy well-defined legal criteria. A recent decision from a New York court illustrates the challenges in doing so, particularly where there is no clear evidence that the hospital had prior notice of the alleged malpractice. If your family has suffered a loss due to negligent medical care, a skilled Rochester medical malpractice attorney can help ensure you comply with critical filing deadlines.

Factual Background and Procedural Setting

It is alleged that in February 2023, the decedent presented to a public hospital emergency department with abdominal pain, fever, and diarrhea. The decedent underwent bloodwork, a CT scan, and an ultrasound, which reportedly showed signs of gallstones. She was discharged later that day with a primary diagnosis of gallstones and instructions to follow up with the hospital’s general surgery clinic in March 2023. Additional follow-up appointments were scheduled for lab work in April and a visit with her primary care provider.

It is reported that the decedent never returned for the surgery follow-up. Instead, she sustained a fall at home on March 11 and was admitted to a different hospital, where she remained until her death in April 2023. The petitioner, identified as the proposed administrator of the decedent’s estate, filed a petition seeking to serve a late notice of claim against the original hospital and its governing entity. The petitioner alleged that the hospital failed to diagnose and treat the decedent for acute gangrenous cholecystitis, which led to her decline and eventual death. Continue Reading ›

New York Court Allows Negligence Claim Against Hospital to Proceed

Published on: April 18, 2025 | By DeFrancisco & Falgiatano

In the aftermath of the COVID-19 pandemic, many hospitals and healthcare providers sought legal immunity under emergency protection laws enacted during the public health crisis. However, courts continue to scrutinize whether the alleged negligent conduct actually resulted from or was impacted by pandemic-related conditions. A recent New York decision illustrates how this analysis plays out in medical malpractice litigation. If you or a loved one sustained injuries due to a hospital’s failure to provide adequate care, a knowledgeable Rochester medical malpractice attorney can help you understand your rights.

History of the Case

It is alleged that the plaintiff, who had a documented history of multiple sclerosis, sought care at the defendant’s hospital after experiencing generalized weakness and an inability to walk. The plaintiff had tested positive for COVID-19 three weeks prior to her hospital visit and was re-tested upon admission, again receiving a positive result. The plaintiff was admitted to the facility and began receiving treatment for COVID-19.

It is reported that several days into her hospital stay, the plaintiff fell while walking to the bathroom. The plaintiff alleged that the hospital failed to provide continuous monitoring, respond to her request for assistance in going to the bathroom, or supply assistive devices such as a walker or wheelchair. The plaintiff initiated a negligence and medical malpractice action against the hospital, claiming that the institution failed to account for her limited mobility in light of her multiple sclerosis and COVID-related symptoms. Continue Reading ›

Court Explains Customs and Practice Evidence in Medical Malpractice Cases

Published on: March 13, 2025 | By DeFrancisco & Falgiatano

In medical malpractice lawsuits, plaintiffs often rely on direct evidence of a healthcare provider’s actions or inactions when seeking compensation for injuries. But in cases with no clear records or witnesses to a critical moment in a patient’s care, the courts may turn to evidence of a provider’s established routine to assess whether proper procedures were followed. A recent New York decision demonstrates how “custom and practice” testimony can decisively impact the outcome of a malpractice claim. If you or someone you love sustained losses because of alleged medical negligence, speaking with a skilled Rochester medical malpractice attorney is essential to protect your rights.

Background of the Case

It is alleged that the decedent, who was injured in a motor vehicle accident, underwent an MRI at the defendant’s facility in April 2014. The plaintiff, acting as administrator of the decedent’s estate, later initiated a lawsuit against the defendant medical provider, asserting claims for medical malpractice related to the MRI procedure. Specifically, the plaintiff alleged that the defendant’s conduct during the MRI caused or contributed to the decedent’s injuries.

Reportedly, the defendant moved for summary judgment, seeking dismissal of the medical malpractice claim on the grounds that the MRI technician followed proper procedures during the decedent’s MRI. In support of its motion, the defendant submitted an affidavit from the technician who performed the MRI. The technician attested to his consistent practice of properly operating the MRI machine and securing patients, asserting that he followed this routine with the decedent. Continue Reading ›

New York Court Examines Forum Selection Clauses in Medical Malpractice Cases

Published on: March 6, 2025 | By DeFrancisco & Falgiatano

When patients transition from hospitals to nursing homes or rehabilitation centers, they often do so under vulnerable and stressful circumstances. Amid medical concerns and logistical arrangements, critical documents, such as admission agreements, are sometimes signed without fully understanding their legal implications. A recent New York case illustrates how disputes over these agreements, particularly forum selection clauses, can arise when patients later pursue claims for negligent care. If you or a family member suffered harm due to substandard care at a medical or long-term care facility, you should speak with a Rochester medical malpractice lawyer about your rights and legal remedies.

History of the Case

Reportedly, the plaintiff, following a discharge from the defendant hospital, was admitted to the defendant nursing home and rehabilitation center, where she developed and suffered worsening pressure ulcers. The plaintiff initiated a medical malpractice lawsuit against both defendants, asserting claims related to negligent care during her time at both facilities.

Allegedly, the plaintiff filed her lawsuit in Kings County, where she resides, where the hospital is located, and where the nursing home also maintains a place of business. The nursing home, however, sought to transfer the case to Nassau County, citing a forum selection clause contained within an admission agreement executed upon the plaintiff’s admission to the facility. Continue Reading ›

New York Court Discusses Grounds for Pursuing Medical Malpractice Claims

Published on: February 20, 2025 | By DeFrancisco & Falgiatano

When people are admitted to medical facilities, they expect the healthcare providers who offer them care to take necessary precautions to protect them from foreseeable harm. Unfortunately, lapses in hospital policies or misjudgments in risk assessments can sometimes lead to severe injuries. This was the central issue in a recent New York medical malpractice case, where a plaintiff alleged that the defendant hospital failed to properly assess a patient’s fall risk, resulting in fatal injuries. If you or a loved one has suffered harm due to inadequate hospital care, it is wise to consult a Rochester medical malpractice attorney.

Factual and Procedural Setting

It is alleged that first responders found the decedent in a disoriented state inside his vehicle on November 26, 2018. Reportedly, he believed that the year was 1978 and was unable to recall how he had traveled to the location where he was found. Due to concerns about his altered mental state, he was transported to the defendant hospital for further evaluation and care.

Reportedly, upon his admission to the hospital’s geriatric unit in the early morning hours of November 27, 2018, medical staff assessed the decedent as a high fall risk, implementing standard fall prevention measures. However, it is reported that later that same day, a different nurse reassessed him and categorized him as a low fall risk, altering the level of precautionary measures in place. On the following day, November 28, 2018, while walking to the nursing station, the decedent reportedly suffered a neurological event, fell, and struck his head on the floor. He was subsequently declared comatose and remained in that condition until his death on April 19, 2019. Continue Reading ›

New York Court Disusses Demonstrating Fault in Medical Malpractice Cases

Published on: February 7, 2025 | By DeFrancisco & Falgiatano

Patients who seek medical care for concerning symptoms generally expect that they will be properly evaluated and diagnosed in a timely manner. Unfortunately, though, medical professionals often fail to recognize critical signs of severe conditions, resulting in life-altering injuries. Such carelessness often constitutes medical malpractice, as discussed in a recent New York case, which explained the legal standards applicable to medical malpractice claims. If you sustained losses due to a misdiagnosis or delayed diagnosis, you should meet with a Rochester medical malpractice lawyer to evaluate your possible claims.

Background of the Case

It is alleged that a minor patient presented at the defendant hospital’s emergency department with complaints of severe bilateral eye pain, blurred vision, and eye redness, which had worsened over several weeks. Reportedly, the patient had previously been diagnosed with conjunctivitis and was receiving treatment with eye drops. However, her vision had deteriorated significantly to the point where she was walking into walls. Emergency department staff noted the severity of her condition and the presence of drainage from her right eye.

It is reported that the treating physician evaluated the patient and confirmed a diagnosis of conjunctivitis, advising the patient’s mother that she should schedule an appointment with an ophthalmologist the following day. The patient’s mother disputes whether this recommendation was clearly communicated. Notably, the physician did not personally contact an ophthalmologist to ensure the patient received an immediate consultation. Continue Reading ›

Court Examines Conflicting Expert Opinions in New York Medical Malpractice Case

Published on: January 15, 2025 | By DeFrancisco & Falgiatano

Healthcare providers have a responsibility to diagnose and address potentially life-threatening conditions. Some doctors ignore or misinterpret their patients’ symptoms, which can lead to critical health concerns going undiagnosed. Sadly, such oversights can be fatal and often constitute medical malpractice. While a doctor accused of such errors will often attempt to avoid liability, if a plaintiff presents expert evidence demonstrating the doctor’s fault, the plaintiff’s claims will likely proceed, as discussed in a recent New York ruling. If you lost a loved one due to inadequate medical care, it is important to understand your rights, and you should talk to a Rochester medical malpractice attorney.

History of the Case

It is alleged that the plaintiff’s decedent sought medical care on multiple occasions between August and December of 2015, presenting with shortness of breath, chest pain, and other concerning symptoms. The decedent reportedly visited her primary care physician, a nurse practitioner, and a pulmonologist within the same medical network. Despite the recurring nature of her symptoms and her history of hospital visits, the healthcare providers diagnosed the decedent with conditions including asthma, bronchitis, and morbid obesity without performing diagnostic tests to rule out deep vein thrombosis (DVT) or pulmonary embolism (PE).

Reportedly, on December 9, 2015, the decedent tragically died due to DVT and PE. The plaintiff, acting as the administrator of the decedent’s estate, filed a medical malpractice and wrongful death lawsuit against the involved healthcare providers and their medical group. The plaintiff alleged that the defendants failed to properly diagnose and treat the decedent’s condition, leading to her untimely death. Continue Reading ›

New York Court Discusses Malpractice Arising Out of Post-Surgical Errors

Published on: January 6, 2025 | By DeFrancisco & Falgiatano

When patients undergo surgery, they trust that their healthcare providers will follow standard medical practices to ensure their safety, which includes adhering to established discharge procedures. It is not uncommon, though, for healthcare providers to discharge patients without confirming they are healing as expected, which often leads to preventable pain and complications and may be considered medical malpractice. Recently, a New York court highlighted how courts examine medical malpractice claims when postoperative care and discharge decisions are called into question. If you or a loved one suffered due to negligent post-surgical care, it is in your best interest to consult a Rochester medical malpractice attorney as soon as possible.

Facts of the Case

It is alleged that the plaintiff underwent laparoscopic surgery at a medical facility operated by the defendants. The procedure included a biopsy of endometrial implants and the removal of an intrauterine device. The plaintiff reportedly experienced complications immediately following the surgery, including severe abdominal pain, an inability to pass gas, and difficulty ambulating. Despite these symptoms and a note from the surgeon indicating that the plaintiff should not be discharged until passing gas, the plaintiff was discharged the next day.

It is further reported that the plaintiff continued to experience severe symptoms after discharge, including fever, vomiting, and abdominal pain. She returned to the hospital several days later, where she underwent emergency surgery. During this procedure, the surgeon discovered and repaired a perforation in the plaintiff’s colon. The plaintiff claims that the perforation was caused during the initial surgery and that the failure to recognize and address the injury promptly resulted in prolonged suffering and additional medical interventions. The plaintiff and her spouse subsequently filed a lawsuit alleging medical malpractice and loss of consortium. Continue Reading ›

New York Court Examines the Right to Amend Medical Malpractice Complaints

Published on: December 13, 2024 | By DeFrancisco & Falgiatano

Medical professionals are held to rigorous standards to ensure patient safety, and when these standards are not met, the consequences can be severe. For example, the failure to diagnose serious conditions often results in prolonged suffering and may be grounds for pursuing medical malpractice claims and other actions. As demonstrated in a recent decision by a New York court, all claims arising from improper medical care must be asserted in a timely manner because if they are not, they may be waived. If you believe you have suffered due to a misdiagnosis or improper treatment, it is vital to consult a Rochester medical malpractice attorney to discuss your rights.

Case Setting

It is alleged that the plaintiff sought treatment from the defendant healthcare providers for a lesion on his neck. Over the course of approximately 15 visits, the plaintiff was treated by a registered physician’s assistant who, the plaintiff claims, misrepresented himself as a doctor. It is reported that the physician’s assistant repeatedly failed to identify, biopsy, or remove the lesion despite the plaintiff’s ongoing complaints. The plaintiff further alleged that the supervising physicians, who were also named defendants, never personally examined him during his treatment.

New York Court Discusses Summary Judgment in Medical Malpractice Cases

Published on: December 5, 2024 | By DeFrancisco & Falgiatano

When medical providers fail to meet the standard of care during childbirth, the consequences can be life-altering for both the child and their family. Birth injuries caused by medical negligence often require lifelong care, significant medical expenses, and emotional hardship. A recent case filed in New York highlights the legal complexities surrounding claims for medical malpractice and the burden of proof required to establish liability. If your child suffered an injury during delivery, you may have a claim for compensation, and it is critical to consult a skilled Rochester birth injury attorney.

Background of the Case

It is alleged that the plaintiffs sought prenatal care and delivery assistance for their infant in June 2020 at a hospital. The plaintiff mother was admitted to the hospital due to contractions, where the attending physician was on call. During the delivery process, the attending physician encountered complications, specifically shoulder dystocia, a condition where the infant’s shoulder becomes impacted, delaying birth.

It is reported that after multiple attempts to dislodge the baby’s shoulder, the attending physician called for assistance. A second physician responded to the call. The plaintiffs testified that the attending physician and the assisting physician used significant force during the delivery, which resulted in the infant suffering from Erb’s palsy—a nerve injury causing weakness and immobility in the arm. The plaintiffs further claimed that the assisting physician did not identify himself and failed to document his involvement in the delivery. Continue Reading ›