Rochester Medical Malpractice and Personal Injury Lawyer Blog

New York Court Discusses Emotional Damages in Birth Injury Cases

Published on: December 12, 2025 | By DeFrancisco & Falgiatano

Medical malpractice claims involving childbirth often raise complex questions about patient autonomy, informed decision-making, and the limits of recoverable damages. A recent decision from New York’s highest court addressed whether a parent may recover purely emotional damages based on an alleged lack of informed consent when prenatal medical care results in catastrophic injury to a child who is born alive. The ruling clarifies how long-standing precedent governs these emotionally charged cases and reinforces the boundaries courts apply when evaluating malpractice claims grounded solely in emotional harm. If your child suffered an injury at birth, you should speak with a Rochester medical malpractice attorney to better understand how these legal principles may affect your rights.

Case Setting

It is reported that the plaintiff was admitted to a hospital after surpassing her due date and came under the care of medical providers who attempted to induce labor. Over an extended period, labor did not progress as anticipated, and the treating physician attempted to deliver the infant using vacuum extraction techniques before ultimately performing an emergency cesarean section. The child was delivered alive but in critical condition and later died after several days of intensive medical treatment.

Allegedly, the plaintiff commenced an action asserting multiple causes of action, including medical malpractice and lack of informed consent. Some claims were brought on behalf of the child’s estate, while others were asserted on the plaintiff’s own behalf. With respect to the lack of informed consent claim asserted personally, the plaintiff sought recovery solely for emotional injuries stemming from the procedures performed during delivery.

Reportedly, the treating physician moved for summary judgment seeking dismissal of the claims for personal medical malpractice and lack of informed consent. The plaintiff opposed dismissal of the lack of informed consent claim, arguing that factual disputes existed regarding whether proper consent had been obtained and whether the procedures caused her injuries.

New York Court Discusses Grounds for Proceeding to Trial in Medical Malpractice Cases

Published on: December 8, 2025 | By DeFrancisco & Falgiatano

Delayed diagnosis and treatment of stroke symptoms can have catastrophic consequences, particularly when hospital systems and consulting physicians fail to act with urgency. A recent decision from a New York court highlights how questions of timing, communication, and specialist involvement can determine whether a medical malpractice case proceeds to trial. If you believe that a doctor’s negligence contributed to a loved one’s injury or death, you should consider speaking with a Rochester medical malpractice attorney to better understand your rights and potential remedies.

Facts and Procedural History

It is alleged that the plaintiff commenced a medical malpractice and wrongful death action on behalf of a decedent who was admitted to a hospital after exhibiting symptoms consistent with a stroke. The claims centered on the defendants’ failure to timely detect and properly treat the stroke following admission, which the plaintiff contended resulted in conscious pain and suffering and ultimately death. The complaint asserted causes of action for medical malpractice, wrongful death, and derivative damages against multiple healthcare providers and institutions.

Allegedly, during the hospitalization, the decedent did not receive prompt neurological evaluation or intervention despite clinical signs that warranted urgent assessment. The plaintiff asserted that delays in recognizing the evolving neurological event and in initiating appropriate treatment deprived the decedent of the opportunity to benefit from time-sensitive stroke therapies.

New York Court Dicusses Expert Testimony in Medical Malpractice Cases

Published on: November 13, 2025 | By DeFrancisco & Falgiatano

When patients receive test results from their medical providers, they rely on clear communication to determine whether follow-up care is necessary. A recent New York decision examines how unclear voicemail communication, missing evidence, and disputed expert testimony shaped a jury’s verdict in a medical malpractice case involving an allegedly melanoma diagnosis. If you believe a delayed diagnosis or inadequate communication contributed to a serious medical condition, speaking with a Syracuse medical malpractice attorney can help you understand your legal rights.

Facts and Procedural Background

It is reported that the plaintiffs commenced a medical malpractice action claiming that the defendants failed to timely diagnose the plaintiff with melanoma. In 2018, the plaintiff underwent a biopsy of a lesion on his left shin, which a pathology review identified as benign. The defendant’s office left a voicemail advising that there was nothing concerning in the biopsy result and that no further intervention was necessary. The precise language of the voicemail is unknown because, according to the record, the plaintiff did not retain the cell phone that contained the message.

Allegedly, after receiving the voicemail, the plaintiff did not return for a follow-up appointment and did not seek further evaluation from the defendants. It is reported that in 2019, while being treated by a different medical practice, the plaintiff underwent a biopsy of another lesion located on his left shin. That biopsy revealed a malignant melanoma. The plaintiffs attributed the delayed cancer diagnosis to the defendants’ failure to identify or properly communicate the nature of the earlier lesion.

New York Court Discusses Discovery Permitted in Medical Malpractice Cases

Published on: November 6, 2025 | By DeFrancisco & Falgiatano

Patients trust medical facilities to follow accepted standards of care, maintain appropriate staffing levels, and protect them from avoidable harm during hospitalization. When that trust is breached, the resulting injuries can be substantial. A recent decision from a New York court sheds light on the types of discovery a plaintiff may obtain when alleging that inadequate staffing contributed to a serious hospital-acquired injury. If you or a loved one suffered harm while admitted to a hospital, you should talk to a Rochester medical malpractice attorney who can help you understand what evidence may be available to support your claim.

History of the Case

It is reported that the plaintiff was admitted to the defendant’s hospital for roughly 20 days in November 2017, during which time he allegedly developed a significant pressure ulcer on his lower back. The plaintiff asserted that the defendant failed to conduct a complete physical examination, did not implement adequate preventive measures, and failed to properly monitor his condition, leading to the development of the ulcer. These shortcomings occurred while the plaintiff was treated in the intensive care unit.

Allegedly, during discovery, the plaintiff demanded disclosure of the defendant’s staffing plan, staffing schedule, and attendance records for all employees assigned to the intensive care unit during the month in question. The defendant objected, asserting that the request was vague, overly burdensome, and irrelevant because the plaintiff’s initial bill of particulars did not allege negligent staffing. The plaintiff subsequently served an amended bill of particulars, adding allegations that the defendant failed to properly hire, staff, train, educate, supervise, and monitor the individuals responsible for his care. Continue Reading ›

New York Court Court Denies Summary Judgment in a Surgical Error Case

Published on: October 11, 2025 | By DeFrancisco & Falgiatano

Patients place immense trust in their surgeons to perform operations safely and to promptly identify complications when they arise. When this trust is breached, the resulting harm can be catastrophic. A recent decision from a New York court demonstrates that where qualified medical experts disagree over whether a surgeon’s actions met accepted medical standards, such disputes are properly left to a jury. If you or a loved one has suffered harm after surgery, it is essential to consult with a Rochester medical malpractice attorney to understand your rights.

Facts and Procedural Background

It is reported that the plaintiff underwent a laparoscopic sigmoidectomy, a surgery to remove part of the colon, at a New York City hospital operated by the defendant public health corporation. Allegedly, prior testing had revealed a likely malignant mass obstructing the plaintiff’s sigmoid colon, prompting the surgical procedure. The surgery, performed by a staff surgeon, included a loop ileostomy to divert bowel contents through an abdominal port. During the operation, the surgeon discovered an “incomplete donut,” meaning that the circular tissue ring from the surgical stapler did not form a complete circle, potentially indicating a defect at the connection site between the two bowel ends.

Allegedly, the surgeon performed an air leak test to ensure that the surgical connection between bowel segments was intact, and when no leak was detected, the procedure was completed. Postoperatively, the plaintiff experienced hypotension and cardiac complications and was soon diagnosed with septic shock. A second surgery performed two days later revealed a partially necrotic and leaking anastomosis, which was resected and revised. The plaintiff remained intubated for an extended period, developed encephalopathy, and was ultimately discharged to a rehabilitation facility months later. Continue Reading ›

New York Court Discusses Expert Testimony in Medical Malpractice Cases

Published on: October 6, 2025 | By DeFrancisco & Falgiatano

Patients trust their surgeons to perform procedures with precision and to recognize any complications that arise afterward. When that trust is broken, the results can be devastating. A recent decision from a New York court highlights how disputes over expert testimony and surgical standards often determine whether a malpractice case proceeds to trial. The case illustrates that even when a complication is a known surgical risk, physicians may still be held accountable if they fail to meet the accepted standard of care. If you or someone you love has suffered harm following a surgical procedure, you should speak with a Rochester medical malpractice attorney experienced in handling complex surgical injury claims to learn about your legal rights and options.

History of the Case

It is reported that the plaintiff underwent a Cesarean section performed by the defendants at a hospital operated by one of the defendant medical entities. During the course of the surgery, the plaintiff sustained a bowel perforation, a serious complication that, while recognized as a potential risk of Cesarean delivery, can cause severe and lasting harm if not promptly diagnosed and treated. It is alleged that after the surgery, the plaintiff began to experience nausea, vomiting, abdominal pain, and an elevated heart rate within two days of the procedure. These symptoms were indicative of a bowel perforation, yet the defendants failed to recognize the severity of her condition, delaying necessary treatment.

New York Court Examines Medical Malpractice Claims Arising Out of Fertility Treatment

Published on: September 11, 2025 | By DeFrancisco & Falgiatano

Patients who undergo fertility treatment place tremendous trust in their providers to safeguard their reproductive material. When mistakes occur in the storage or handling of such material, the consequences can be profound, leaving patients not only without the opportunity to conceive but also with complex legal battles. A recent decision from a New York court highlights how courts assess negligence and related claims when frozen oocytes are allegedly mishandled. If you or a loved one has suffered harm connected to fertility treatment, it is crucial to consult with a Rochester medical malpractice attorney experienced in handling such cases to understand your rights.

Facts of the Case

It is reported that the plaintiff underwent an egg retrieval procedure in 2014, during which eighteen oocytes were collected. Sixteen were frozen for future use, while two were discarded as nonviable. The frozen oocytes were initially stored at one facility and later transferred to another clinic’s custody in 2016.

Allegedly, during a visit to the new facility, the plaintiff observed that her oocytes were left outside of cryogenic storage tanks for a period of time, causing her concern about their viability. The plaintiff reported her concerns to the facility’s owner, who assured her that an investigation would take place, but no follow-up occurred. Continue Reading ›

New York Court Discusses Res Judicata in Medical Malpractice Cases

Published on: September 4, 2025 | By DeFrancisco & Falgiatano

Patients place enormous trust in hospitals and physicians to provide safe, attentive, and competent care. When mistakes occur, the consequences can be devastating for families, and legal action may be the only way to seek accountability. Yet, even strong claims can be lost when procedural hurdles, such as prior dismissals, prevent a court from reaching the merits of a case. A recent decision from a New York court illustrates how the doctrine of res judicata can bar medical malpractice claims, underscoring the importance of careful legal strategy from the outset. If you or a loved one has been harmed due to negligent medical care, it is essential to consult with a Rochester medical malpractice attorney to protect your rights.

Case Setting

It is reported that the plaintiff brought a medical malpractice action against multiple defendants, including the defendant hospital, alleging negligence in the care of her newborn infant in January and February 2015. In July 2017, the plaintiff filed an action in state court, which was later removed to federal court. There, the federal court ordered voluntary dismissal without prejudice of the claims against the United States to allow the plaintiff to complete the administrative exhaustion process required under the Federal Tort Claims Act.

Allegedly, in February 2019, the plaintiff’s attorney moved to be relieved as counsel in both actions. The court scheduled a hearing for March 2019 that required the plaintiff’s appearance. When the plaintiff failed to appear, the state court granted counsel’s request to withdraw and dismissed the state action with prejudice. Continue Reading ›

New York Court Discusses Evidence Establishing a Lack of Informed Consent Claim

Published on: August 23, 2025 | By DeFrancisco & Falgiatano

Patients place great trust in their doctors to provide them with the information necessary to make sound decisions about medical treatment. When physicians fail to disclose material risks or alternatives, it can lead to unexpected harm and may give rise to an informed consent claim. A recent decision from a New York court highlights how courts assess motions for summary judgment in medical malpractice actions involving claims of lack of informed consent. If you or a loved one has experienced harm following a procedure, it is important to speak with a Rochester medical malpractice attorney to determine whether your rights were violated.

History of the Case

It is reported that the plaintiff underwent a laparoscopic cholecystectomy performed by the defendant surgeon. Following the procedure, the plaintiff allegedly developed a common bile duct injury, requiring additional medical intervention. The plaintiff subsequently commenced an action to recover damages for medical malpractice and lack of informed consent. The plaintiff alleged that the defendant negligently performed the surgery, causing injury, and failed to provide adequate disclosure regarding the risks of the procedure, leaving her unable to make an informed decision about whether to undergo the operation.

Allegedly, the defendant moved for summary judgment, arguing that the surgical care met accepted standards and that the plaintiff had been properly counseled regarding the risks of the procedure. The defendant submitted expert testimony in support of his position, asserting that bile duct injury is a known risk of the surgery and does not necessarily reflect negligence. The trial court granted the defendant’s motion, dismissing the complaint in its entirety. The plaintiff appealed. Continue Reading ›

New York Court Examines Factual Disputes in Delayed Diagnoses Cases

Published on: August 18, 2025 | By DeFrancisco & Falgiatano

Timely and accurate diagnoses are critical to patient health and recovery. In other words, when physicians fail to identify fractures or other conditions on imaging studies, patients may suffer delayed treatment, avoidable complications, and long-term harm, which may be grounds for pursuing medical malpractice claims. Demonstrating liability for a delayed diagnosis can be challenging, though, and typically requires compelling expert evidence, as illustrated by a recent New York decision. If you believe you or your child was harmed by a delayed or missed diagnosis, you should consult with a Rochester medical malpractice attorney about your rights and potential remedies.

Factual and Procedural History

It is reported that the infant plaintiff was diagnosed with osteogenesis imperfecta (OI), a genetic condition characterized by brittle bones and frequent fractures, in January 2013. Before this diagnosis, the infant’s mother commenced an action on his behalf against several physicians and medical providers. The plaintiffs stated that errors in interpreting earlier imaging studies delayed the diagnosis of OI, leading to additional injuries.

It is further reported that one defendant radiologist allegedly failed to detect a leg fracture on an X-ray taken on September 26, 2011. Another radiologist failed to identify rib fractures on a CT scan performed on February 15, 2012. The plaintiffs asserted that these oversights prevented the early recognition of OI, thereby allowing the infant plaintiff to suffer further fractures and unnecessary pain. Continue Reading ›