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Articles Posted in Wrongful Death

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Court Discusses the Relation-Back Doctrine in New York Medical Malpractice Cases

In New York medical malpractice cases, the plaintiff typically must name the parties allegedly responsible for their losses and must assert all of their claims against them within the timeframe dictated by the applicable statute of limitations. There are exceptions to the rule, though, such as when the identity of…

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New York Court Discusses Medical Malpractice Cases with Disputed Facts

In medical malpractice cases, the parties will often disagree regarding the circumstances surrounding the plaintiff’s harm. Factual disputes typically must be resolved via trial. In other words, if a party asks the court to grant judgment in their favor as a matter of law based on a disputed fact, it…

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Court Examines the Relation Back Doctrine in New York Medical Malpractice Cases

Pursuant to New York law, parties pursuing wrongful death claims against negligent healthcare providers must comply with the applicable statute of limitations. Generally, the courts will dismiss claims filed outside of the statutory period. There are exceptions, though, that allow for the tolling of the statute of limitations, such as…

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New York Court Discusses Liability of Residents in Medical Malpractice Cases

Many hospitals and facilities not only provide medical care, but they also act as learning institutions for doctors in training. Thus, in many cases, a patient will be treated by a resident who is supervised by an attending physician. The duties imposed on supervised medical personal differ from those exercising…

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Wrongful Death Arising From Malpractice in Syracuse and Across New York

Losing a loved one is a shattering experience in anyone’s life, especially when the death was untimely and unexpected. If you lost a loved one during or shortly after a medical procedure, you may be entitled to file a wrongful death lawsuit. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse wrongful…

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