Rochester Medical Malpractice and Personal Injury Lawyer Blog

Court Grants Leave to File Late Notice of Claim in New York Medical Malpractice Case

Published on: June 29, 2025 | By DeFrancisco & Falgiatano

Timeliness is a critical factor in bringing a medical malpractice claim against a public hospital in New York. Under the General Municipal Law, plaintiffs must file a notice of claim within 90 days of the alleged malpractice. However, courts may permit a late filing if specific conditions are met. A recent decision from a New York court illustrates how such requests are evaluated, particularly when actual knowledge, reasonable excuse, and prejudice are at issue. If you have questions about whether your injury may give rise to a viable claim, a Rochester medical malpractice attorney can adivse you of your rights.

History of the Case

It is reported that the plaintiff received treatment at a public hospital operated by the defendant between January 22 and February 7, 2024. She first presented to the emergency department on January 22 with abdominal and chest pain. After initial diagnostic imaging, she was discharged without surgical intervention. She returned two days later and was diagnosed with a gangrenous and perforated gallbladder. An emergency cholecystectomy was performed on January 24. The plaintiff was discharged on January 28 and returned for a follow-up on February 7.

It is alleged that in the months following her discharge, the plaintiff continued to experience significant abdominal and back pain. Nearly a year later, diagnostic imaging revealed that a remnant of her gallbladder had been left behind during the earlier surgery. On March 7, 2025, she underwent corrective surgery to remove the residual tissue. The plaintiff subsequently filed a petition for leave to serve a late notice of claim, asserting that the hospital staff negligently discharged her on January 22 and performed the initial cholecystectomy improperly. Continue Reading ›

New York Court Discusses Avoiding Dismissal of Medical Malpractice Cases

Published on: June 24, 2025 | By DeFrancisco & Falgiatano

Medical malpractice cases in New York are often won or lost on the strength of expert testimony. A recent New York ruling in which the court affirmed the dismissal of a malpractice and lack of informed consent case after the plaintiff failed to raise a triable issue of fact in opposition to the defendants’ expert-supported summary judgment motion, highlights the uphill battle plaintiffs face when they cannot meaningfully rebut defense expert evidence with their own. If you suffered harm due to surgical complications or believe you were not fully informed about the risks of a procedure, it is smart to talk to a knowledgeable Rochester medical malpractice attorney about your options.

Case Overview

Reportedly, the plaintiff underwent spinal surgery in October 2013. The procedure involved an extreme lateral interbody fusion (XLIF), performed by Dr. Mitchell Levine, a neurosurgeon, and a thoracotomy, performed by Dr. Laurence Spier, a thoracic surgeon. Both doctors were affiliated with North Shore University Hospital and Northwell Health. The plaintiff later alleged that the surgeries were negligently performed and initiated a lawsuit asserting lack of informed consent and medical malpractice claims.

It is alleged that the defendants moved for summary judgment, presenting affirmations from board-certified experts in neurosurgery and thoracic surgery. These experts attested that the procedures were conducted within the bounds of accepted medical practice and that the plaintiff’s complications did not result from any deviation from standard care. They further asserted that the plaintiff was adequately informed of the risks and alternatives prior to surgery.

Court Examines Burden of Proof in New York Medical Malpractice Cases

Published on: May 21, 2025 | By DeFrancisco & Falgiatano

When patients suffer severe health complications in a hospital setting, questions often arise as to whether those complications could have been prevented through timely and appropriate medical intervention. While healthcare providers often move for dismissal of claims arising from such complications, if factual disputes remain about the standard of care and causation, the courts will typically rule that the case must be resolved by a jury, as demonstrated in a recent New York opinion. If you or a loved one suffered damages due to a hospital’s failure to respond to serious medical symptoms, you should speak to a Rochester medical malpractice lawyer who can help you understand your rights.

History of the Case

It is reported that the decedent presented to the emergency department of the defendant hospital on March 14, 2018, suffering from respiratory distress and displaying significant bodily edema. The hospital diagnosed the decedent with acute respiratory failure, cor pulmonale, and pulmonary hypertension with right-sided heart failure. The decedent was administered supplemental oxygen via a BiPAP machine and subsequently admitted to the hospital’s cardiac intensive care unit.

It is alleged that during the night of March 14 into the early morning of March 15, the decedent exhibited signs of physiological deterioration. The decedent was described as hypotensive, tachycardic, and hypoxic; she ultimately died. The plaintiff, acting as administrator of the decedent’s estate, filed a medical malpractice lawsuit in 2019. The claim alleged that the defendant hospital failed to timely intubate the decedent and did not adequately respond to her signs of respiratory failure. After discovery was completed, the defendant hospital moved for summary judgment, arguing that its treatment did not depart from accepted medical practice and did not proximately cause the decedent’s death. Continue Reading ›

Court Discusses Causation in New York Medical Malpractice Cases

Published on: May 7, 2025 | By DeFrancisco & Falgiatano

In medical malpractice litigation, plaintiffs must not only allege that healthcare providers deviated from accepted standards of care; they must also demonstrate that such deviations directly caused the harm in question. This causation requirement often proves challenging, particularly in complex obstetric cases. A recent New York decision highlights this standard, as the court affirmed summary judgment in favor of a hospital and physician accused of negligent prenatal care following the stillbirth of a fetus. If you have suffered harm as a result of inadequate medical care during pregnancy or childbirth, an experienced Rochester medical malpractice attorney can help you determine whether you have a viable claim.

Factual and Procedural Background

It is alleged that the plaintiff received prenatal care at the defendant hospital under the supervision of the defendant physician. The plaintiff claimed that both the hospital and physician deviated from accepted standards of obstetrical care during the course of her pregnancy, ultimately resulting in the stillbirth of her child. The plaintiff commenced a lawsuit asserting medical malpractice and sought damages for the emotional and physical injuries she allegedly sustained due to this outcome.

It is reported that during the litigation, the plaintiff attempted to compel the defendants to produce certain electronically stored medical records. She also sought, in the alternative, to strike the defendants’ answers due to alleged discovery failures. In addition, the plaintiff cross-moved for leave to amend her bill of particulars to allege additional specific acts of negligence by the defendants, despite having already filed a note of issue certifying that discovery was complete. The trial court denied the plaintiff’s discovery-related motions and ultimately granted the defendants’ motion for summary judgment, dismissing the complaint in its entirety. The plaintiff appealed.

New York Court Discusses Time Limits in Medical Malpractice Claim

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

Medical malpractice claims against public hospitals in New York must follow strict procedural requirements, including the timely filing of a notice of claim. When a patient dies after allegedly receiving substandard medical care, surviving family members may seek permission to file a late notice, but that request must satisfy well-defined legal criteria. A recent decision from a New York court illustrates the challenges in doing so, particularly where there is no clear evidence that the hospital had prior notice of the alleged malpractice. If your family has suffered a loss due to negligent medical care, a skilled Rochester medical malpractice attorney can help ensure you comply with critical filing deadlines.

Factual Background and Procedural Setting

It is alleged that in February 2023, the decedent presented to a public hospital emergency department with abdominal pain, fever, and diarrhea. The decedent underwent bloodwork, a CT scan, and an ultrasound, which reportedly showed signs of gallstones. She was discharged later that day with a primary diagnosis of gallstones and instructions to follow up with the hospital’s general surgery clinic in March 2023. Additional follow-up appointments were scheduled for lab work in April and a visit with her primary care provider.

It is reported that the decedent never returned for the surgery follow-up. Instead, she sustained a fall at home on March 11 and was admitted to a different hospital, where she remained until her death in April 2023. The petitioner, identified as the proposed administrator of the decedent’s estate, filed a petition seeking to serve a late notice of claim against the original hospital and its governing entity. The petitioner alleged that the hospital failed to diagnose and treat the decedent for acute gangrenous cholecystitis, which led to her decline and eventual death. Continue Reading ›

New York Court Allows Negligence Claim Against Hospital to Proceed

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

In the aftermath of the COVID-19 pandemic, many hospitals and healthcare providers sought legal immunity under emergency protection laws enacted during the public health crisis. However, courts continue to scrutinize whether the alleged negligent conduct actually resulted from or was impacted by pandemic-related conditions. A recent New York decision illustrates how this analysis plays out in medical malpractice litigation. If you or a loved one sustained injuries due to a hospital’s failure to provide adequate care, a knowledgeable Rochester medical malpractice attorney can help you understand your rights.

History of the Case

It is alleged that the plaintiff, who had a documented history of multiple sclerosis, sought care at the defendant’s hospital after experiencing generalized weakness and an inability to walk. The plaintiff had tested positive for COVID-19 three weeks prior to her hospital visit and was re-tested upon admission, again receiving a positive result. The plaintiff was admitted to the facility and began receiving treatment for COVID-19.

It is reported that several days into her hospital stay, the plaintiff fell while walking to the bathroom. The plaintiff alleged that the hospital failed to provide continuous monitoring, respond to her request for assistance in going to the bathroom, or supply assistive devices such as a walker or wheelchair. The plaintiff initiated a negligence and medical malpractice action against the hospital, claiming that the institution failed to account for her limited mobility in light of her multiple sclerosis and COVID-related symptoms. Continue Reading ›

Court Explains Customs and Practice Evidence in Medical Malpractice Cases

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

In medical malpractice lawsuits, plaintiffs often rely on direct evidence of a healthcare provider’s actions or inactions when seeking compensation for injuries. But in cases with no clear records or witnesses to a critical moment in a patient’s care, the courts may turn to evidence of a provider’s established routine to assess whether proper procedures were followed. A recent New York decision demonstrates how “custom and practice” testimony can decisively impact the outcome of a malpractice claim. If you or someone you love sustained losses because of alleged medical negligence, speaking with a skilled Rochester medical malpractice attorney is essential to protect your rights.

Background of the Case

It is alleged that the decedent, who was injured in a motor vehicle accident, underwent an MRI at the defendant’s facility in April 2014. The plaintiff, acting as administrator of the decedent’s estate, later initiated a lawsuit against the defendant medical provider, asserting claims for medical malpractice related to the MRI procedure. Specifically, the plaintiff alleged that the defendant’s conduct during the MRI caused or contributed to the decedent’s injuries.

Reportedly, the defendant moved for summary judgment, seeking dismissal of the medical malpractice claim on the grounds that the MRI technician followed proper procedures during the decedent’s MRI. In support of its motion, the defendant submitted an affidavit from the technician who performed the MRI. The technician attested to his consistent practice of properly operating the MRI machine and securing patients, asserting that he followed this routine with the decedent. Continue Reading ›

New York Court Examines Forum Selection Clauses in Medical Malpractice Cases

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

When patients transition from hospitals to nursing homes or rehabilitation centers, they often do so under vulnerable and stressful circumstances. Amid medical concerns and logistical arrangements, critical documents, such as admission agreements, are sometimes signed without fully understanding their legal implications. A recent New York case illustrates how disputes over these agreements, particularly forum selection clauses, can arise when patients later pursue claims for negligent care. If you or a family member suffered harm due to substandard care at a medical or long-term care facility, you should speak with a Rochester medical malpractice lawyer about your rights and legal remedies.

History of the Case

Reportedly, the plaintiff, following a discharge from the defendant hospital, was admitted to the defendant nursing home and rehabilitation center, where she developed and suffered worsening pressure ulcers. The plaintiff initiated a medical malpractice lawsuit against both defendants, asserting claims related to negligent care during her time at both facilities.

Allegedly, the plaintiff filed her lawsuit in Kings County, where she resides, where the hospital is located, and where the nursing home also maintains a place of business. The nursing home, however, sought to transfer the case to Nassau County, citing a forum selection clause contained within an admission agreement executed upon the plaintiff’s admission to the facility. Continue Reading ›

New York Court Discusses Grounds for Pursuing Medical Malpractice Claims

Published on: February 20, 2025 | By DeFrancisco & Falgiatano

When people are admitted to medical facilities, they expect the healthcare providers who offer them care to take necessary precautions to protect them from foreseeable harm. Unfortunately, lapses in hospital policies or misjudgments in risk assessments can sometimes lead to severe injuries. This was the central issue in a recent New York medical malpractice case, where a plaintiff alleged that the defendant hospital failed to properly assess a patient’s fall risk, resulting in fatal injuries. If you or a loved one has suffered harm due to inadequate hospital care, it is wise to consult a Rochester medical malpractice attorney.

Factual and Procedural Setting

It is alleged that first responders found the decedent in a disoriented state inside his vehicle on November 26, 2018. Reportedly, he believed that the year was 1978 and was unable to recall how he had traveled to the location where he was found. Due to concerns about his altered mental state, he was transported to the defendant hospital for further evaluation and care.

Reportedly, upon his admission to the hospital’s geriatric unit in the early morning hours of November 27, 2018, medical staff assessed the decedent as a high fall risk, implementing standard fall prevention measures. However, it is reported that later that same day, a different nurse reassessed him and categorized him as a low fall risk, altering the level of precautionary measures in place. On the following day, November 28, 2018, while walking to the nursing station, the decedent reportedly suffered a neurological event, fell, and struck his head on the floor. He was subsequently declared comatose and remained in that condition until his death on April 19, 2019. Continue Reading ›

New York Court Disusses Demonstrating Fault in Medical Malpractice Cases

Published on: February 7, 2025 | By DeFrancisco & Falgiatano

Patients who seek medical care for concerning symptoms generally expect that they will be properly evaluated and diagnosed in a timely manner. Unfortunately, though, medical professionals often fail to recognize critical signs of severe conditions, resulting in life-altering injuries. Such carelessness often constitutes medical malpractice, as discussed in a recent New York case, which explained the legal standards applicable to medical malpractice claims. If you sustained losses due to a misdiagnosis or delayed diagnosis, you should meet with a Rochester medical malpractice lawyer to evaluate your possible claims.

Background of the Case

It is alleged that a minor patient presented at the defendant hospital’s emergency department with complaints of severe bilateral eye pain, blurred vision, and eye redness, which had worsened over several weeks. Reportedly, the patient had previously been diagnosed with conjunctivitis and was receiving treatment with eye drops. However, her vision had deteriorated significantly to the point where she was walking into walls. Emergency department staff noted the severity of her condition and the presence of drainage from her right eye.

It is reported that the treating physician evaluated the patient and confirmed a diagnosis of conjunctivitis, advising the patient’s mother that she should schedule an appointment with an ophthalmologist the following day. The patient’s mother disputes whether this recommendation was clearly communicated. Notably, the physician did not personally contact an ophthalmologist to ensure the patient received an immediate consultation. Continue Reading ›