If you suffered damages due to your doctor’s failure to diagnose or treat an illness, connecting your doctor’s inadequate care to your harm is essential to present a successful case. This was illustrated in a case recently ruled upon by the appellate division of the Supreme Court of New York,…
Under New York law, a plaintiff who wishes to pursue a medical malpractice claim arising out of a doctor’s negligent failure to diagnose and treat the plaintiff in an appropriate time frame must file a lawsuit within two years and six months of the date of the alleged harm. While…
Medical malpractice cases, like any civil lawsuit, must be pursued within the time frame established by the statute of limitations. While the courts strictly construe the statute of limitations for pursuing a medical malpractice claim in New York, there are certain circumstances that allow a plaintiff to toll the statutory…
Physicians must undergo years of specialized schooling before they are permitted to practice medicine. As such, we expect that they should be able to provide acceptable medical care and diagnose and treat any illness in an appropriate time frame. When a patient is harmed due to his or her physician’s…
In medical malpractice cases, the burden shifts from the plaintiff, who must set forth evidence of the defendant’s malpractice, to the defendant, who must set forth evidence that he or she comported with the standard of care. When there is conflicting evidence the issue of whether the defendant committed malpractice…
In many cases, a medical malpractice claim is only a strong as the plaintiff’s expert report. If a plaintiff’s expert cannot adequately prove that a doctor breached the standard of care, it can result in a dismissal of the plaintiff’s claim, and, therefore, results in a loss of the plaintiff’s…
Medical malpractice cases are typically fact-intensive and whether a plaintiff’s case is successful often depends on an expert’s interpretation of the facts. In cases where the defendant seeks to have a case dismissed, the defendant must show that there is no evidence that it breached the applicable standard of care,…
If you or someone close to you suffered from multiple myeloma and you believe that the doctor was negligent in your diagnosis or treatment, you should consider contacting a seasoned Syracuse medical malpractice attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to truly understanding what happened in your case so…
Septic arthritis is a medical emergency that requires immediate attention. If you have lost a limb because your doctor failed to diagnose or treat septic arthritis, you may have the right to pursue compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will examine your case and help…
With a variety of potential symptoms and no definitive testing, lupus is a difficult condition to diagnose. As such, lupus is often mistaken for other illnesses. If you or someone close to you has suffered harm due to a lupus misdiagnosis, you should speak to a seasoned Syracuse medical malpractice…