While medical malpractice lawsuits arising out of birth injuries are typically more heart wrenching than other malpractice lawsuits, the burden of proof imposed on all parties involved in a birth injury lawsuit is nonetheless the same. Specifically, the plaintiff must show harm caused by a departure from the standard of…
Medical malpractice lawsuits arising out of birth injuries can be complicated and costly to try to verdict, and the outcomes of such cases can be unpredictable, even if the evidence weighs strongly in favor of the plaintiff. Thus, in many instances, it is prudent for a plaintiff to settle with…
There are strict timelines for when a person may file a medical malpractice case under New York law. While there are some exceptions to the statutory time limitations, a delay in pursuing a claim may result in a waiver of the right to recover damages. This was shown by a…
Generally, a party alleging obstetric malpractice is entitled to the disclosure of any facts and information that is necessary and material to pursue a lawsuit. While the policy typically favors liberal discovery, there are some privileges that provide exceptions to the general rule. For example, Education Law § 6537(3) protects…
In cases involving obstetric malpractice, a plaintiff will typically exercise her right to a trial by jury. A jury trial allows a panel of the plaintiff’s peers, rather than a judge, to assess whether the defendant caused the plaintiff to suffer harm and if so, what damages the plaintiff should…
To successfully prove medical malpractice under New York law, an injured party must show that his or her medical provider deviated from the accepted standard of care, and the deviation was the cause of any harm alleged. In almost all medical malpractice cases, the opinion of one or more experts…
The birth of a child should be a happy occasion. However, when the baby is born with a serious birth defect or genetic disorder, it can be extremely overwhelming for the parents. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys understand that your love for your child has no…
An ultrasound examination for expecting parents is usually a happy and memorable event. Parents often come away with their first “picture” of their baby, which they can show to family and friends. Unfortunately, when certain issues are missed or misinterpreted on an ultrasound, the results can be devastating. If you…
The joyous occasion of a birth can quickly turn into a nightmare if something is wrong with the baby. Unfortunately, the error or carelessness of a medical professional often leads to harm such as neonatal seizures. If your baby experienced seizures or is experiencing seizures after birth, you need to…
There is nothing more stressful than realizing your child suffered a birth injury that could affect the rest of his or her life. If you believe your child’s birth injury was a result of medical malpractice, you may be entitled to seek compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers,…