Medical Malpractice Law

New York Executive Orders Diminish Liability for Medical Malpractice During the COVID-19 Pandemic

Published on: May 6, 2020 | By DeFrancisco & Falgiatano

The COVID-19 pandemic has changed every aspect of life in New York for the foreseeable future and has caused an unprecedented strain on hospitals and healthcare providers. In response to the pandemic, the governor issued several executive orders placing restrictions on activities in an effort to slow the spread of the disease. While the orders largely aim to protect public health, a portion of the orders arguably diminishes the protections of people seeking medical treatment, as it reduces healthcare providers’ liability for medical malpractice. If you believe you were harmed due to incompetent medical care during the COVID-19 pandemic or at any other time, it is wise to talk to a capable Syracuse medical malpractice attorney regarding what damages you may be able to recover via a civil lawsuit.

Medical Malpractice During the COVID-19 Pandemic

Reportedly, Governor Cuomo signed legislation at the beginning of March 2020 that enacted the State’s budget, limiting liability for health care providers and facilities for health care services provided pursuant to a COVID-19 emergency rule or else accordance with pertinent law, unless the acts were grossly negligent, constituted reckless misconduct, or willful or intentional conduct, or intentional infliction of harm.

Governor Cuomo also issued an Executive Order on March 23, 2020, stating in part that any statute, law, ordinance, rule, or regulation that hindered, prevented, or delayed people from coping with the disaster or providing aid was temporarily suspended. Further, the order specifically provided that all physicians, nurse practitioners, registered nurses, physician assistants, and specialist assistants are immune from civil liability for any death or injuries that are alleged to have directly resulted from their omissions or acts in the course of providing medical services in response to the COVID-19 pandemic throughout the State. Notably, however, there are exceptions for cases in which a death or injury was caused by the gross negligence of the medical professional in question.

New York Court of Appeals Rules Jury Had Ample Evidence to Make Conclusion

Published on: September 11, 2018 | By DeFrancisco & Falgiatano

If you or someone close to you has been injured due to a medical professional’s negligence, you need to consult a seasoned Syracuse medical malpractice attorney right away. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have helped many New York clients obtain a fair outcome in their case and can help you as well.

In Clark v. Loftus, the plaintiff commenced a medical malpractice action as a result of complications after a surgical procedure performed by the defendant doctor. At trial, plaintiff and defendants presented contradictory expert testimony regarding the defendant’s alleged negligence. The Supreme Court of the State of New York provided the jury instructions on the doctrine of res ipsa loquitor. “Res ipsa loquitur” is latin for “the thing that speaks for itself.” When a case is tried under the theory of res ipsa loquitur, the circumstantial evidence in the case is so strong that it eliminates other possible causes of the patient’s injury other than the defendant’s negligence.

The jury returned a verdict in favor of the defendant and the plaintiff moved to set aside the verdict as against the weight of the evidence for a new trial. In other words, the plaintiff sought judgment notwithstanding the verdict. The court granted the plaintiff’s motion, reasoning that the verdict was against the weight of the evidence and directed a new trial on the issue of negligence, including the doctrine of res ipsa loquitur. The appellate court reversed the order and reinstated the verdict.

New York Bill Extends Statute of Limitations for Cancer Medical Malpractice Claims

Published on: February 2, 2018 | By DeFrancisco & Falgiatano

In the vast majority of cases, the key to surviving cancer is early detection, diagnosis and treatment. Unfortunately, doctors sometimes miss a cancer diagnosis and deprive patients the chance to beat the disease. If you have suffered or lost a loved one because of a doctor’s failure to diagnose cancer, you need to reach out to a reputable Syracuse medical malpractice attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers,

Earlier this month, New York Governor Andrew Cuomo signed into law a bill that extends the statute of limitations for cancer-related malpractice lawsuits. Put another way, the bill would extend the amount of time in which a patient can file a medical malpractice lawsuit for a missed cancer diagnosis. Referred to as ‘Lavern’s law,’ the bill gives patients a two-and-a-half year time frame to file a malpractice claim from when they discover a mistake or a missed misdiagnosis involving cancer. Currently, the clock starts when the mistake is made as opposed to when it is discovered, This means patients often lose their chance to sue even before they discover there has been a mistake.

The law is is named after Lavern Wilkinson, a woman from the Bronx who died in 2013 at age 41 after doctors failed to detect that she had a curable form of lung cancer. It is important to note that the bill would offer a window for cases going back seven years. The changes only apply to cancer cases and not other illnesses. The bill, unsurprisingly, was strongly opposed by physicians and hospitals who believe that the measure will only inflate the cost of liability insurance.

“Res Ipsa Loquitur” in Syracuse Malpractice Cases

Published on: January 16, 2018 | By DeFrancisco & Falgiatano

If you or someone close to you has been injured in what seems like a clear case of medical malpractice, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse medical malpractice attorneys can help you seek the compensation you need to put your life back together. We understand that these cases can be daunting, but you can rest assured we will try to make the process as seamless as possible for you.

“Res ipsa loquitur” is Latin for “the thing that speaks for itself.” When a case is tried on the legal theory of res ipsa loquitur, the circumstantial evidence in the case is so convincing that it removes possible causes of the patient’s injury other than the doctor’s negligence. Put another way, in situations in which a specific cause of an injury is unknown, res ipsa loquitur permits negligence to be inferred from the circumstances under which a injury took place, if the injury would not normally occur in the absence of negligence.

The doctrine may be applicable to certain medical malpractice cases, especially cases involving injuries during surgical procedures. For example, if an injury to an anesthetized patient occurs during surgery in an area remote from the operating site, res ipsa loquitur may be appropriate to establish malpractice. In such a scenario, the plaintiff would have to show that the surgeon can be presumed negligent because he or she had exclusive access to the patient’s body at that time, the injury would not have occurred in the absence of negligence, and the plaintiff did not contribute to the injury in any way. It is important to note that to rely on res ipsa loquitur, the plaintiff need not conclusively eliminate the possibility of all other causes of injury.

Damages in New York Medical Malpractice Cases

Published on: December 4, 2017 | By DeFrancisco & Falgiatano

If you or a loved one has been injured due to a medical professional’s error in judgment, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys have the experience and determination that is needed to handle your case. You can rest assured that we can scrutinize the facts of your case and inform you of your legal rights and options.

In New York, medical malpractice is negligence on the part of a doctor or another health care provider. Negligence is defined as a failure of the doctor or health care provider to use reasonable care under the circumstances, thereby causing injuries or death to a patient. In other words, medical malpractice occurs when a medical professional causes harm by deviating from the accepted standard of care expected in that particular situation. The standard of care will vary from case to case depending on a number of factors, such as the patient’s age and medical history.

Damages in a medical malpractice case are designed to make a victim “whole again” by providing compensation for losses. In a New York medical malpractice case, the plaintiff is typically eligible for two types of compensation: economic and non-economic. Economic damages are awarded to compensate the injured patient for losses resulting from the defendant’s negligence. Economic damages typically include things like medical expenses, lost wages, loss of earning capacity, and rehabilitation costs. Non-economic damages, on the other hand, compensate an injured patient for losses that are intangible or harder to quantify through a dollar amount, such as pain and suffering.