The COVID-19 pandemic caused unprecedented changes in the way we live our lives. Among other things, it altered the healthcare system and the level of care people could expect with regard to the diagnosis and treatment of the coronavirus. While some of the laws providing immunity to healthcare providers for…
Many people residing in skilled nursing facilities are considered fall risks and require extra care to ensure their safety. If such fall prevention measures are not properly employed, it can result in serious harm. In most cases, plaintiffs pursuing claims against nursing facilities following falls must rely on circumstantial evidence…
The majority of medical malpractice cases are pursued at the state court level. Some defendants, though, prefer to litigate claims before federal courts and will move a case filed in state court to a federal district court. Federal courts have limited jurisdiction, though, and if the removal of a medical…
Most New York medical malpractice cases are filed in state court. In some instances, though, a defendant will move a case to federal court. Federal courts can only hear certain cases, however, and if a court founds that it lacks jurisdiction over a matter, it will remand the case back…
Accidents that occur in nursing homes unfortunately often cause fatal injuries. People who suffer the loss of a loved one due to the negligence of a medical facilities’ staff members have the right to pursue compensation, but if they fail to prove the elements of their claims, they may be…
While plaintiffs in medical malpractice cases will typically allege that the defendant health care providers were negligent, there is a difference between what a plaintiff must prove to establish ordinary negligence as opposed to medical negligence. As such, if a plaintiff does not offer adequate proof in support of his…
Typically, medical malpractice cases are filed in New York state courts. Even if a plaintiff files a matter in state court, however, the defendant may be able to remove it to federal court in certain instances. Usually, it is more beneficial for a defendant in a malpractice case to have…
Malpractice and other types of negligence in nursing homes and assisted living facilities are serious problems. If you have been injured or a loved one has died while in the case of an assisted living facility, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical…