If a person dies due to inadequate medical care, the person’s loved ones may still be able to pursue a claim against the negligent medical providers. There are certain procedural requirements that must be complied with in pursuing a medical malpractice claim following the death of a loved one, and…
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…
If a medical malpractice case proceeds to trial, whether a not the jury finds in favor of the plaintiff largely hinges on the testimony and evidence offered by each party. Generally, a jury is free to credit or discredit the evidence presented and a jury’s verdict will not be disturbed…
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…
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,…
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…
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…
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…
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…
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…