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Rochester Medical Malpractice and Personal Injury Lawyer Blog

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Court Discusses Burdens of Proof in New York Medical Malpractice Cases

A doctor accused of medical malpractice will rarely admit liability. On the contrary, many health care providers named as defendants in medical malpractice lawsuits will ask the courts to dismiss the claims against them via a motion for summary judgment. Recently, a New York court discussed each party’s burden of…

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New York Court Discusses Medical Malpractice Versus Ordinary Negligence

While most New York medical malpractice claims assert that the defendant health care provider negligently performed their duties, there are key distinctions between ordinary negligence and medical malpractice claims. In a recent opinion issued by a New York court, the differences between ordinary negligence and medical malpractice were explained. If…

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New York Court Explains Procedural Requirements in Medical Malpractice Claims Pursued Under Federal Law

Under New York law, parties harmed by the incompetence of medical professionals have the right to seek compensation. They must comply with any applicable procedural requirements and deadlines, however, and if they do not, they may waive the right to pursue certain claims. This was illustrated in a recent ruling…

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New York Court Discusses Duties of Medical Professionals in Pulmonology Malpractice Case

When people pass away due to treatable medical issues, their family members will often seek to hold someone accountable. Merely because a decedent treated for the medical concern that ultimately caused their death does not necessarily mean their treatment provided committed medical malpractice, however. This was demonstrated in a recent…

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Court Discusses Establishing Lack of Informed Consent Under New York Law

Prior to offering their patients treatment, such as surgical procedures, doctors are required to explain the potential side effects of the course of care and explain alternative treatments. If they do not, and the patient subsequently suffers from complications or issues, the plaintiff may be able to assert medical malpractice…

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New York Court Discusses Evidence Admissible in Medical Malpractice Matters

Breast cancer is a devastating illness that kills thousands of women each year. The majority of people who develop breast cancer do not have a familial history of the disease. Some patients, though, carry a gene mutation that creates a significantly high risk of not only developing breast cancer but…

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New York Court Discusses Appropriate Treatment in a Medical Malpractice Case Involving Amputation

Typically, disorders involving the feet are not life-threatening and do not require emergent care. Foot conditions can cause pain and difficulty walking, however, and in some instances necessitate surgical treatment. Podiatrists, like all other healthcare providers, must comply with the applicable standard of care, and if they deviate from the…

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New York Court Discusses Sanctions for Failing to Comply with Discovery Orders in a Medical Malpractice Case

Medical malpractice cases are typically fact intensive, and plaintiffs usually must offer evidence in the form of treatment records and expert testimony to prove their allegations. Typically, medical records and other information regarding a plaintiff’s care are obtained via discovery. As such, if a defendant refuses to comply with a…

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Court Explains the Shifting Burdens of Proof in New York Medical Malpractice Cases

Doctors accused of committing medical malpractice rarely admit their liability. Rather, in many malpractice cases, the defendant will argue that there is no evidence that they are at fault for the plaintiff’s alleged harm, and therefore, the case should be dismissed via summary judgment prior to trial. Recently, a New…

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Court Highlights the Importance of Expert Reports in New York Medical Malpractice Cases

Expert testimony is a key component of New York medical malpractice cases. In other words, while a compelling expert report may provide a plaintiff with protection from the dismissal of their claims via summary judgment, a report that is speculative or that is not based on reliable methodology may be…

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