A delay in receiving an accurate diagnosis can cause irreparable harm, but how long of a delay is sufficient to constitute malpractice is typically within the purview of the jury. If the jury issues a defense verdict that is contrary to the evidence of record in a delayed diagnosis case,…
In many medical malpractice cases, both parties will rely upon the medical records to support their position. While the absence of complaints of pain in a medical record may harm the case of a plaintiff alleging a failure to diagnose claim, it is not dispositive, as shown in a recent…
In a New York medical malpractice case, the burden shifts from the plaintiff to the defendant and then back to the plaintiff, with regards to proving whether the defendant caused the harm alleged. In many cases, after discovery is completed, the defendant will file a motion for summary judgment, asking…
In New York, in any case alleging medical malpractice, the burden of proof moves from the plaintiff to the defendant and then back to the plaintiff. Thus, if the defendant sets forth an expert affidavit refuting the allegations in the plaintiff’s bill of particulars, the plaintiff can only avoid a…
Patients rely on doctors to provide adequate care, which includes properly diagnosing any injury or illness. If a doctor fails to diagnose a medical issue in a timely manner it can result in significant harm or even death and may be grounds for a medical malpractice action. In weighing whether…
In many cases in which a plaintiff alleges he or she suffered harm due to a delayed diagnosis, whether a defendant is found liable for medical malpractice hinges on the testimony of each party’s expert witness. In most cases, a court will not disturb a jury’s verdict, unless the evidence…
In cases where the issues presented are a beyond the scope of understanding of the average person, one or both parties will introduce experts to offer opinions on disputed facts and theories of liability. For example, the vast majority of medical malpractice cases require one or more experts to opine…
Like with many other diseases, early diagnosis and treatment of multiple sclerosis (MS) can reduce the disease’s activity and could delay the onset of complete disability. If you were given a delayed diagnosis of MS or any other chronic disease, let our experienced Rochester medical malpractice attorneys help. We will…
Endometriosis should be promptly diagnosed and treated in order to prevent long-term harm. If you or a loved one suffered an injury or a worsening of condition due to a misdiagnosis of endometriosis, you may have the right to recover payment for your harm. Our trusted Rochester medical misdiagnosis attorneys…
If you suffered preventable harm due to a late prostrate cancer diagnosis or because of a delayed prostrate cancer diagnosis, you need to call a knowledge Rochester medical malpractice lawyer who can help you determine whether malpractice occurred. We have held countless negligent doctors and hospitals accountable for medical malpractice…