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Articles Posted in Medical Malpractice

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Ophthalmologist Negligence in Rochester and Across New York

Any health issue relating to the eye can be extremely bothersome because our vision is an essential tool to navigate day-to-day life. When you visit an ophthalmologist, you expect competent care that will make your condition better, not worse. If you or a loved one has suffered an eye injury…

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Informed Consent Malpractice in Rochester and New York

Before a physician performs a procedure on a patient, especially surgery, the doctor is required to relay some information about the risks, benefits, and alternatives to the procedure so that the patient can make an informed decision about his or her medical treatment. If you or someone close to you…

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Medical Malpractice due to Misdiagnosis in New York

Unfortunately, misdiagnosis is a more common problem than you may realize. Every year, approximately 12 million adults, which is five percent of adults who seek outpatient medical care, are misdiagnosed, according to the National Academy of Medicine. If you have been injured as a result of a misdiagnosis, you may…

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Statute of Limitations in New York Medical Malpractice Cases

Medical mistakes can lead to serious and long-term injuries for patients. If you or a loved one has been hurt due to a medical error, you should contact a skilled Rochester medical malpractice attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can thoroughly examine the facts of…

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The Basic Elements of a Rochester Medical Malpractice Claim

When you go see a doctor or another medical professional, you expect competent care. When medical professionals are careless or make a mistake, the consequences can be devastating for the patient. If you or someone close to you has been harmed by medical malpractice, it is important to reach out…

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Metadata from Emergency Medical Records Provides Attorneys with Crucial Information in New York Medical Malpractice Cases

Metadata from emergency medical records (EMRs) can show when a chart entry was made, modifications to a chart entry, how long a chart was reviewed, and when it was accessed. This type of information can help determine the timing and substance of a plaintiff’s care. In other words, the information…

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Defendant Invokes New York Education and Public Health Laws’ Privileges to Prevent Discovery of Medical Records in New York Malpractice Case

The New York Appellate Division, Third Division, analyzed, in a recent decision, the ability of defendants in New York medical malpractice lawsuits to assert statutory privileges during the discovery process. The court upheld the trial court’s ruling that the plaintiff’s discovery request was overly broad and vague, and therefore, the defendants…

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New York Medical Malpractice Decision Shows Risks of Negligent Catheterization

Medical malpractice can lead to serious injuries and in some cases, even death. The plaintiff’s decedent in a New York medical malpractice case was placed in a difficult position when the decedent underwent two surgeries, and neither surgeon would take responsibility for the action that led to the decedent’s allegedly…

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New York Medical Malpractice Case Against Anesthesiologist Reversed on Appeal

When properly administered, anesthesia allows us to undergo surgery without experiencing pain. Unfortunately, when administered in a negligent manner, it can cause devastating injuries or death. In a recent decision, the Appellate Division, First Department, reversed a New York medical malpractice summary judgment ruling by the trial court. The plaintiff alleged…

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Hospital Residents as Named Defendants in New York Medical Malpractice Claims

Successful surgical procedures require an entire team of medical professionals and staff. In addition to nurses and technicians, the surgeon may also rely on the assistance of a medical resident who is training to become a surgeon. Along with inexperience comes the increased likelihood that the resident might make mistakes,…

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