In any case alleging hospital malpractice, the burden of proof as to whether the defendant deviated from the standard of care and thereby caused the plaintiff harm shifts from the plaintiff to the defendant and then back to the plaintiff. Recently, a New York appellate court discussed the evidence each…
It is not uncommon for a plaintiff in a medical malpractice case to allege that both the doctor that provided his or her treatment and the hospital where the treatment was rendered are liable for any harm caused by the treatment. There are numerous factual disputes that can arise in…
The statute of limitations for pursuing a medical malpractice claim in New York is two years and six months from the date of harm. In cases where the medical care provider is a public corporation, however, different notice requirements apply. The appellate division of the Supreme Court of New York…
New York medical malpractice lawsuits, like all civil claims, are governed by statutes of limitations. As such, if a plaintiff does not pursue his or her claim within the time limitations set forth under the law, he or she waives the right to recover. In some cases, however, the statute…
In a medical malpractice lawsuit, both the plaintiff and defendant have burdens of proof that they must meet to win the case. If a defendant meets the burden of proof of producing evidence, that on its face shows no substandard treatment, the case may be dismissed unless the plaintiff rebuts…
In the New York courts, a plaintiff seeking the recovery of damages in a medical malpractice case must set forth certain evidence regarding the treating medical provider’s inappropriate care, or his or her claim will be dismissed. If the plaintiff meets this burden, the burden then shifts to the treating…
When you go to the hospital, you expect to receive competent care. When that does not happen, the consequences for the patient can be devastating. If you believe that you were harmed by a medical professional’s negligence in a hospital setting, you need to reach out to a seasoned Rochester…
Individuals rely on medical professionals to help them to maintain proper health. When doctors make an error in judgment, it is your right to seek compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our highly skilled Rochester medical malpractice attorneys will analyze the facts of your case and provide you with an…
If you or someone close to you has suffered bedsores due to the negligence of a nursing home or hospital, you may be entitled to compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys can guide you through the legal process and help you…
When a patient is seriously ill, they may not be able to eat food. In such cases, feeding tubes may be needed to provide sustenance to the patient. If you or someone close to you has been injured due to a feeding tube error, you may be entitled to compensation…