Doctors accused of medical malpractice will rarely admit fault. In fact, in many cases, they will move to dismiss the claims against them in their entirety. A plaintiff in a medical malpractice case can defeat such motions by demonstrating via expert evidence that a factual dispute exists as to whether…
Articles Posted in Orthopedic Malpractice
Court Explains Evidence Needed to Demonstrate Medical Malpractice in New York
Back conditions are complicated, and doctors require extensive training and experience before they can properly manage them. If a doctor fails to address symptoms that indicate potentially critical back issues, it can result in significant damages, including paralysis. Even if it seems clear that a patient’s losses are caused by…
A Court’s Discretion to Dismiss a Case Demonstrated in a Recent Medical Malpractice Action in New York
While it is generally imprudent to file a civil lawsuit without the assistance of an attorney, it can be an especially poor decision in a medical malpractice case, given the complexities of the issues and the strict requirements for proving a health care provider’s liability under New York law. The…
New York Court Discusses Standard for Setting Aside a Verdict in the Interest of Justice in a Medical Malpractice Case
In most medical malpractice cases, the plaintiff will rely on a jury to assess the evidence presented at trial to determine if the defendant should be held liable for the plaintiff’s harm. While a jury determines the key issues in a case, the judge determines what evidence each party is…
New York Court Discusses Confidential Settlement Agreements in Medical Malpractice Cases
In many medical malpractice lawsuits, there will be more than one defendant. Thus, it is not uncommon for a plaintiff to settle his or her claims against one defendant but to allow the remaining claims to proceed to trial. Typically, plaintiffs will wish to keep the terms of any settlement…
NY Court Discusses What Constitutes a Doctor-Patient Relationship in an Orthopedic Malpractice Case
One of the essential elements of any medical malpractice claim is a doctor-patient relationship. While in most instances, whether a doctor-patient relationship exists is not disputed in some cases the status of the relationship between the injured party and the physician that allegedly caused the injured party harm is not…
New Study Finds Notable Trends Regarding Orthopedic Surgery Malpractice
Orthopedic surgery involves invasive procedures that require the utmost care and attention from the surgeon. If you have sustained a preventable injury as a result of an orthopedic surgeon’s error or wrongdoing, you may be able to recover compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical…
Orthopedist Malpractice in Syracuse
We rely on orthopedists to treat injuries to the bones, muscles, tendons, and ligaments, including the spine. While the majority of orthopedists treat patients competently, some make mistakes that can seriously injure a patient. If you or a loved one has been injured due to an orthopedist’s error, you may…
Former High School Tennis Star Awarded Seven Figures in New York Orthopedic Malpractice Lawsuit
Athletes and people living active lifestyles risk injuries such as pulling muscles or tearing ligaments. Orthopedic specialists often work with athletes to help repair those types of sports-related injuries. The experience of a New York woman who received a surgical biopsy from an orthopedic surgeon shows what can go wrong…