Close
Serving Clients Throughout Upstate New York with Multiple Convenient Locations Syracuse | Oneida | Watertown | New Hartford | Binghamton | Cortland | Rochester | Oswego | Albany | Buffalo

Articles Posted in Medical Malpractice

Updated:

New York Court Discusses Spoliation of Evidence in Medical Malpractice Case

In any case where it is alleged that inadequate treatment rendered by a medical care provider caused a person harm it is important to retain any evidence that supports the inference of medical malpractice. If a person loses or destroys evidence of the quality of the care rendered, it may…

Updated:

New York Court Find Triable Issue of Fact in A Medical Malpractice Case

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…

Updated:

New York Court Explains the Emergency Doctrine in Medical Malpractice Cases

Doctors are obligated to provide care that comports with the standard practices of an average doctor in the same field in his or her community. In cases where medical malpractice is alleged, the plaintiff is required to show a deviation from the standard of care and harm resulting from the…

Updated:

Court Finds Expert Report Sufficient to Show Medical Malpractice in New York Case

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…

Updated:

New York Court Affirms Verdict in Favor of Plaintiff for Injuries Caused by Method of Delivery During Birth

To successfully prove medical malpractice under New York law, an injured party must show that his or her medical provider deviated from the accepted standard of care, and the deviation was the cause of any harm alleged. In almost all medical malpractice cases, the opinion of one or more experts…

Updated:

New York Court Explains Shifting Burden of Proof in Medical Malpractice Cases

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…

Updated:

Court of Appeals Reverses Because Expert Opinion did not Sufficiently Establish Causation

Medical malpractice cases can be extremely complicated and overwhelming. If you believe that you or a loved one has suffered harm because of a medical professional’s negligence, you might be able to recover compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our highly skilled Rochester medical malpractice…

Updated:

Patient Safety at New York Hospitals Needs Improvement

If you or a loved one has been injured by a medical professional’s negligence, you should immediately seek the help of a skilled Rochester medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have the knowledge and resources to build a strong case on your behalf. We…

Updated:

Rochester, New York Endometriosis Malpractice Attorneys

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…

Contact Us
Start Chat