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Rochester Medical Malpractice and Personal Injury Lawyer Blog

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New York Court Discusses Demonstrating Liability for Surgical Malpractice

While some people are reluctant to retain legal counsel prior to filing a medical malpractice lawsuit due to fears regarding costs, the decision to proceed pro se can have drastic consequences, as the plaintiff’s lack of understanding of the law may result in a permanent waiver of the right to…

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New York Court Discusses Medical Malpractice Claims Against Municipalities

In New York, people that render medical care to other individuals are generally held to a higher standard of care than an ordinary person and may be deemed liable for medical malpractice if they deviate from the standard. In some instances, though, a plaintiff harmed by negligent medical care must…

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New York Court Discusses Medical Malpractice Claims Against Federally Funded Hospitals

Medical malpractice lawsuits are complicated in general and can become especially complex when they involve claims against facilities that receive funding from the federal government, as they involve additional requirements. The consequences of skirting such obligations were shown in a recent hospital malpractice case in New York in which the…

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New York Court Discusses Pre-Suit Requirements for Medical Malpractice Claims Against Federally Funded Hospitals

Frequently, a plaintiff harmed by negligent health care will be able to pursue more than one cause of action in a lawsuit against his or her treatment provider. For example, in many instances, a plaintiff will assert both a medical malpractice claim and a lack of informed consent claim. While…

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New York Court Discusses Damages Awarded in a Medical Malpractice Case

Although most people who pursue medical malpractice claims in New York will ask a jury of their peers to determine liability and assess damages, juries do not always issue verdicts that are in accordance with the evidence of record. For example, in some cases, a jury will find in favor…

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New York Court Explains Evidence Adequate to Show Medical Malpractice Claims Should Survive Summary Judgment

In medical malpractice claims in New York, the burden shifts between the parties with regards to proving or disproving that a party’s harm was caused by incompetent care. In other words, if a defendant produces evidence sufficient to refute a plaintiff’s claims, the lawsuit may be dismissed unless the plaintiff…

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Court Discusses Sufficiency of Expert Reports in Medical Malpractice Cases in New York

In New York, a party alleging that a doctor committed medical malpractice typically must produce an expert report to establish the manner in which the doctor failed to comply with the standard of care and to link the doctor’s acts to the purported harm. Simply producing a report is not…

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Court Discusses Evidence of a Doctor-Patient Relationship Under New York Law

Medical doctors are held to a specific standard of care, and if they depart from the standard, they can be held accountable for injuries or illnesses caused by their incompetence. It is axiomatic, however, that they may only be deemed liable for medical malpractice if their negligent acts harm a…

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New York Court Discusses Involuntary Commitment as Grounds for a Medical Malpractice Claim

Typically, when a patient presents to a hospital with symptoms or complaints, he or she will consent to receive treatment from the attending physicians while retaining the right to leave if he or she chooses. In some instances, however, the hospital will take steps to admit a person without his…

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Court Discusses Grounds for Vacating a Jury’s Verdict in a Medical Malpractice Case in New York

Usually, when a plaintiff files a medical malpractice case in New York, he or she will ask that a jury assess liability and damages. In most cases, the jury will rule accurately. In cases in which the jury grossly misevaluates the evidence presented, however, the party that received an adverse…

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