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…
Rochester Medical Malpractice and Personal Injury Lawyer Blog
Court Finds Expert Report Sufficient to Show Medical Malpractice in New York Case
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…
New York Court Affirms Verdict in Favor of Plaintiff for Injuries Caused by Method of Delivery During Birth
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…
New York Court Explains Shifting Burden of Proof in Medical Malpractice Cases
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 Malpractice in Rochester, New York
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…
Court of Appeals Reverses Because Expert Opinion did not Sufficiently Establish Causation
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…
Plastic Surgeon Sued by 35 Patients for 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…
Patient Safety at New York Hospitals Needs Improvement
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…
Medical Malpractice Relating to Multiple Sclerosis in Rochester
Like with many other diseases, early diagnosis and treatment of multiple sclerosis (MS) can reduce the disease’s activity and could delay the onset of complete disability. If you were given a delayed diagnosis of MS or any other chronic disease, let our experienced Rochester medical malpractice attorneys help. We will…
Rochester, NY Cystic Fibrosis Attorneys
If your doctor failed to diagnose your child with cystic fibrosis prior to birth, you may have a right to financial recovery through a wrongful birth claim. Our experienced Rochester wrongful birth attorneys have a long history of advocating for victims of medical negligence and can apply our acumen to…