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Rochester Medical Malpractice and Personal Injury Lawyer Blog

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Court Discusses Spoliation Sanctions in New York Medical Malpractice Cases

Many people residing in skilled nursing facilities are considered fall risks and require extra care to ensure their safety. If such fall prevention measures are not properly employed, it can result in serious harm. In most cases, plaintiffs pursuing claims against nursing facilities following falls must rely on circumstantial evidence…

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New York Court Explains Extensions of Time to Serve a Medical Malpractice Complaint

The New York Civil Practice Laws and Rules set forth the requirements for pursuing medical malpractice claims against healthcare providers. Among other things, the rules dictate that a plaintiff must serve the initial pleading on the named defendants in a specified time and manner. If the plaintiff is unable to…

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Court Discusses Triable Issues of Fact in New York Medical Malpractice Cases

Soft tissue injuries can be painful and debilitating, and if they are not treated promptly, they can lead to permanent impairments. As such, it is important that people suffering from such ailments receive a timely and accurate diagnosis. People injured by diagnostic delays may be able to recover compensation via…

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Court Explains Indemnification in New York Medical Malpractice Cases

In many instances involving complex health issues, multiple practitioners will be involved in a patient’s care. If the treatment offered is inadequate, though, and consequently causes a patient to suffer harm, the providers may attempt to assign blame to one another and seek indemnification for any losses attributed to them.…

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New York Court Discusses Medical Malpractice Cases with Multiple Defendants

It is not uncommon for a patient with complex health issues to treat with multiple providers. If a patient under the care of several physicians subsequently suffers an adverse medical event due to inadequate care, it can be challenging to demonstrate which treatment provider committed medical malpractice. In a recent…

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New York Court Discusses Demonstrating Liability in a Nursing Malpractice Case

People typically consider medical malpractice to be harm caused by negligent doctors. While many medical malpractice claims arise out of the careless acts of physicians, other healthcare providers, including nurses, can be liable for the injuries caused by negligent medical care. In a recent opinion issued in a New York…

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New York Court Discusses Grounds for Dismissing Medical Malpractice Claims

In New York medical malpractice lawsuits, it is incumbent upon the parties to not only demonstrate their positions are supported by sound evidence but also to comply with the applicable rules of procedure. As demonstrated in a recent New York ruling in which the court ultimately dismissed the plaintiff’s medical…

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Court Explains Evidentiary Burdens in New York Medical Malpractice Cases

In New York medical malpractice cases, each party bears a significant burden of proof. If either party fails to offer evidence sufficient to meet their burden, the court may rule in their opponent’s favor. In a recent opinion, a New York court explained each party’s evidentiary burden in medical malpractice…

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New York Court Discusses Evidence in Medical Malpractice Cases

Many older and infirm patients who are admitted to the hospital for critical care are unable to move out of their beds or walk independently. In such instances, the physicians and nurses attending to the patient’s care will typically employ fall prevention measures. If they fail to do so, and…

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