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,…
Syracuse Medical Malpractice and Personal Injury Lawyer Blog
New York Court Dismisses Medical Malpractice Case Due to Insufficient Evidence
To avoid liability in a medical malpractice case in the New York court system, the medical care provider must prove that he or she did not deviate from the accepted standards of care and practice. The plaintiff can refute this claim by producing an expert who will testify that the…
Court Analyzes Notice to Public Corporation Required to Pursue Medical Malpractice Claims Under New York Law
In medical malpractice cases, as with all cases, it is important to follow any procedural rules. If a plaintiff does not properly comply with the laws regarding notice and statutory limitations periods, he or she may waive the right to recover damages regardless of whether the defendant medical professional provided…
Court Affirms New York Jury’s Finding that Doctor’s Negligence did not Cause the Alleged Harm
Medical malpractice claims typically allege that a medical provider negligently breached the standard of care and therefore, the provider should be responsible for any harm the injured party sustained because of the inadequate care. To recover under a medical malpractice claim alleging negligence, in addition to proving that the medical…
New York Court Finds an Issue of Fact Exists as to When Treatment Ended in a Medical Malpractice Case
Under New York law, medical malpractice actions must be filed within two and a half years of the last date of treatment or they may be barred as untimely. Depending on the nature of the relationship between the patient and treatment provider, however, the last date of treatment may be…
Medical Malpractice Lawsuits Involving Multiple Myeloma
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…
Malpractice Caused by Failure to Diagnose Septic Arthritis
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…
Malpractice Arising from Lupus Misdiagnosis in Syracuse
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…
Father Sues Rehabilitation Center Caused Son to Suffer Further Injuries
People struggling with drug addiction are especially vulnerable and rehab centers are well aware of that. These individuals, like any other patients, trust their doctors to provide them with competent treatment and care. If you have been injured at a rehab center, you may have a valid medical malpractice claim…
Singer’s Widow Files Medical Malpractice Claim Against His Doctor
Sadly, suicide is a leading cause of death among people under the age of 35 in the United States. Losing a loved one to suicide can be a harrowing experience. Not only are you dealing with the loss of a loved one but also wondering if anything could have been…