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Rochester Medical Malpractice and Personal Injury Lawyer Blog

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Court Discusses Sufficiency of an Expert Affidavit in a Medical Malpractice Case in New York

In many instances in which a patient is harmed by negligent medical care, more than one care provider will have provided the patient with inadequate treatment. Thus, it is not uncommon for multiple defendants that practice in different specialties to be named in a medical malpractice lawsuit. While the parties…

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New York Court Dismisses a Medical Malpractice Claim Due to Plaintiff’s Failure to Show a Breach of the Standard of Care

In many instances, a doctor’s failure to conduct the tests needed to provide a patient with an accurate diagnosis constitutes medical malpractice. In some cases, however, even if a doctor’s diagnosis is delayed, the doctor may not be held liable for any harm suffered by the patient if the applicable…

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New York Court Discusses Burden of Proof in Birth Injury Cases

While medical malpractice lawsuits arising out of birth injuries are typically more heart wrenching than other malpractice lawsuits, the burden of proof imposed on all parties involved in a birth injury lawsuit is nonetheless the same. Specifically, the plaintiff must show harm caused by a departure from the standard of…

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New York Court Affirms Dismissal of Emotional Distress Claims in a Medical Malpractice Case

Losing a child due to medical malpractice can cause great emotional trauma. In some cases, though, despite the grave emotional harm suffered by a parent that loses a child due to incompetent medical care, a parent cannot recover damages for emotional distress, as demonstrated in a recent obstetrician-gynecologist malpractice case…

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New York Court Explains Evidence Sufficient to Avoid Dismissal of Medical Malpractice Claims

It is well-established that in medical malpractice cases in New York, a defendant may obtain a ruling in its favor prior to trial if it establishes a prima facie showing that it is entitled to judgment as a matter of law. Even if a defendant meets its burden of proof,…

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New York Court Discusses Medical Malpractice Claims Arising Out of the Failure to Conduct a Sufficient Examination

Generally, a physician must conduct a thorough and complete examination of a patient in order to provide the patient with an accurate diagnosis and recommend the appropriate treatment. Whether an examination was sufficient is generally a fact-specific question and varies from case to case. Recently, though, a New York court…

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Court Discusses Grounds for Changing Venue in Medical Malpractice Case in New York

In medical malpractice cases in New York, the plaintiff generally decides where the action will be heard, as the plaintiff is the party filing the lawsuit. A defendant has the right to seek a change of venue, however, if the County the plaintiff chose to file his or her lawsuit…

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New York Court Discusses Staying Concurrent Medical Malpractice Claims Arising Out of the Same Act

It is the well-established law in New York that a plaintiff only gets one bite of the theoretical apple. In other words, a plaintiff cannot seek the same damages or litigate the same claims multiple times. Not only does this prevent a plaintiff from seeking to relitigate claims following a…

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Court Discusses Dismissal of Medical Malpractice Cases for Lack of Prosecution in New York

In a medical malpractice case, whether the plaintiff’s claims are ultimately successful depends on numerous factors, including whether the plaintiff complies with the rules of procedure. In other words, even if a plaintiff has a meritorious claim, if he or she does not move his or her case along in…

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