In New York medical malpractice cases, if a plaintiff seeks to recover damages on behalf of an estate, he or she must comply with the New York Rules of Civil Procedure, otherwise, the plaintiff runs the risk of having his or her case dismissed. This was demonstrated in a recent…
Articles Posted in Hospital Malpractice
New York Court Discusses a Hospital’s Liability for a Resident’s Acts
In many cases in which a person is injured by inadequate medical care there will be more than one entity or care provider liable for his or her harm. For example, hospitals can be held accountable for harm caused by a resident due to an improperly performed procedure. Recently, the…
New York Court Discusses Burden of Proof in a Emergency Room Malpractice Case
When people have critical and acute health concerns, they typically visit the emergency room of a hospital to obtain immediate treatment and prevent further harm. If the treatment providers in the emergency room provide inadequate care however, it may cause the patient further harm. A New York appellate court recently…
Court Discusses Substitution of Parties in Medical Malpractice Cases
When dealing with any health issues it is imperative to obtain an accurate diagnosis and proper treatment in a timely manner. A doctor’s failure to promptly diagnose and treat a person’s illness or condition can result in severe detriments and may sadly lead to a person’s premature death. In cases…
Court Discusses Appropriate Venue in New York Medical Malpractice Cases
In most cases, as the plaintiff is the party that commences a lawsuit, he or she chooses the venue in which an action will be heard. In certain instances, however, the defendant can move for a change of venue, which the court may grant if it finds that the forum…
New York Court Explains Proximate Cause in Hospital Malpractice Case
There are several elements an injured party must establish to successfully prove a hospital malpractice claim. Thus, even if a person can show a hospital breached the standard of care, the breach may not be actionable if it did not result in any harm. this was illustrated in a case…
Court Rules a Nurse Was Qualified to Offer Expert Testimony in New York Medical Malpractice Case
In almost all medical malpractice cases both the plaintiff and the defendant will need to engage experts to prove their claims. Just as medical malpractice cases are not limited to claims against doctors, the experts in medical malpractice cases are not required to be doctors. Rather, any medical care provider…
New York Woman Wins Malpractice Suit for Failure to Diagnose Glaucoma
Glaucoma is a disease in which the optic nerve is damaged. It is a progressive disease, which means timely diagnosis and treatment is imperative to correcting or improving the condition. If you suffered serious vision problems as a result of a medical provider’s carelessness, you may have a right to…
Physical Therapy Malpractice in Syracuse
If you have been injured by a physical therapist’s negligence, you might be wondering what your legal options are. Since physical therapists are considered medical professionals, a physical therapist’s error, misconduct or carelessness could give rise to a medical malpractice claim. Our knowledgeable Syracuse physical therapist negligence attorneys will diligently…
Patient Dumping Malpractice in Syracuse
Hospitals often try to maximize profits, which can be very dangerous for patients. If you or a loved one has been the victim of patient dumping, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse medical malpractice attorneys are vigorously dedicated to…