In a medical malpractice lawsuit, both the plaintiff and defendant have burdens of proof that they must meet to win the case. If a defendant meets the burden of proof of producing evidence, that on its face shows no substandard treatment, the case may be dismissed unless the plaintiff rebuts…
A rare but serious example of medical malpractice is a surgeon inadvertently leaving an object inside of a patient following surgery. Under New York law, the statute of limitations for pursuing a medical malpractice claim differs when the claim involves the discovery of a foreign object within the body of…
Doctors are obligated to provide care that comports with the standard practices of an average doctor in the same field in his or her community. In cases where medical malpractice is alleged, the plaintiff is required to show a deviation from the standard of care and harm resulting from the…
In cases where the issues presented are a beyond the scope of understanding of the average person, one or both parties will introduce experts to offer opinions on disputed facts and theories of liability. For example, the vast majority of medical malpractice cases require one or more experts to opine…
To successfully prove medical malpractice under New York law, an injured party must show that his or her medical provider deviated from the accepted standard of care, and the deviation was the cause of any harm alleged. In almost all medical malpractice cases, the opinion of one or more experts…
In the New York courts, a plaintiff seeking the recovery of damages in a medical malpractice case must set forth certain evidence regarding the treating medical provider’s inappropriate care, or his or her claim will be dismissed. If the plaintiff meets this burden, the burden then shifts to the treating…
Stem cell therapy is becoming more and more popular both in New York and across the country, but it can often put patients at risk. If you have been injured due to stem cell therapy, you need to contact our hard-working and reputable Rochester medical malpractice attorneys who can assess…
Medical malpractice cases can be extremely complicated and overwhelming. If you believe that you or a loved one has suffered harm because of a medical professional’s negligence, you might be able to recover compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our highly skilled Rochester medical malpractice…
While many plastic surgery procedures seem routine, the reality is these are serious surgeries that carry a substantial risk of complication if the plastic surgeon fails to use the utmost care. A mistake during a plastic surgery procedure can result in a permanent deformity or even death. If you or…
If you or a loved one has been injured by a medical professional’s negligence, you should immediately seek the help of a skilled Rochester medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have the knowledge and resources to build a strong case on your behalf. We…