When you go see a doctor or another medical professional, you expect competent care. When medical professionals are careless or make a mistake, the consequences can be devastating for the patient. If you or someone close to you has been harmed by medical malpractice, it is important to reach out…
Rochester Medical Malpractice and Personal Injury Lawyer Blog
New York Appeals Court Rules that Psychiatric Malpractice Claim Cannot be Dismissed Because of Procedural Technicality
New York medical malpractice lawsuits are subject to the same civil procedure rules as other litigation in New York courts. These rules guide all phases of the litigation and are comprised of deadlines, requests, and filings made to the court. Sometimes lawsuits are dismissed because of procedural lapses, instead of…
Couples Sue New York Fertility Clinic Over Eggs With Genetic Defect
As people decide to have children at an older age, fertility clinics have grown in popularity. In addition, medical advances related to fertility have been a focus on medical researchers. For example, the NIH reports that the amount of research dollars related to fertility has grown from $78 million to…
New York Jury Rules in Favor of Plaintiff in Birth Injury Claim Against a Brooklyn Medical Center
Childbirth injuries can be caused by innumerable factors, but the most common reason for a childbirth injury is pre-term birth. Sometimes the patient shows warning signs or symptoms that she might be experiencing pre-term birth. The patient’s doctors have the responsibility to recognize those symptoms and act accordingly, or as…
Metadata from Emergency Medical Records Provides Attorneys with Crucial Information in New York Medical Malpractice Cases
Metadata from emergency medical records (EMRs) can show when a chart entry was made, modifications to a chart entry, how long a chart was reviewed, and when it was accessed. This type of information can help determine the timing and substance of a plaintiff’s care. In other words, the information…
Stroke Victim May Proceed with Neurological Malpractice Claim Against Upstate New York Doctors and Hospitals
According to the Centers for Disease Control and Prevention, stroke ranks as the fifth-most likely cause of death in the United States and causes a permanent disability in countless others. Stroke is treatable, however, but it’s absolutely necessary if someone is experiencing a stroke that they seek immediate care from…
Defendant Invokes New York Education and Public Health Laws’ Privileges to Prevent Discovery of Medical Records in New York Malpractice Case
The New York Appellate Division, Third Division, analyzed, in a recent decision, the ability of defendants in New York medical malpractice lawsuits to assert statutory privileges during the discovery process. The court upheld the trial court’s ruling that the plaintiff’s discovery request was overly broad and vague, and therefore, the defendants…
Anesthesia Error Claim Dismissed on Appeal After Plaintiff Fails to Produce Expert Affidavit
New York anesthesia error cases are disconcertingly common. They arise from a variety of fact patterns, including the administration of too much or too little of an anesthetic, a delay in delivering anesthesia, or a failure to provide proper instructions to a patient before administering anesthesia. The effect on a…
Physicians Performing Surgery Leave Foreign Object Inside Patient
One of the most egregious forms of surgical errors is leaving foreign objects inside the patient. Unfortunately, case law reveals that this happens far more often than one might think. However, even if a physician neglects to remove medical devices during surgery, any lawsuit still needs to be litigated in…
Complaint Dismissed in New York Against Dermal Filler Medical Device Manufacturer
Lawsuits require that an injured person identify who they think is responsible for their injuries. This may seem obvious, but it’s often difficult to determine which parties shoulder the responsibility for an alleged injury. This issue is often present in medical malpractice lawsuits. Often, multiple medical professionals will perform surgery,…