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Rochester Medical Malpractice and Personal Injury Lawyer Blog

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Court Explains Indemnification in New York Medical Malpractice Cases

In many instances involving complex health issues, multiple practitioners will be involved in a patient’s care. If the treatment offered is inadequate, though, and consequently causes a patient to suffer harm, the providers may attempt to assign blame to one another and seek indemnification for any losses attributed to them.…

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New York Court Discusses Medical Malpractice Cases with Multiple Defendants

It is not uncommon for a patient with complex health issues to treat with multiple providers. If a patient under the care of several physicians subsequently suffers an adverse medical event due to inadequate care, it can be challenging to demonstrate which treatment provider committed medical malpractice. In a recent…

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New York Court Discusses Demonstrating Liability in a Nursing Malpractice Case

People typically consider medical malpractice to be harm caused by negligent doctors. While many medical malpractice claims arise out of the careless acts of physicians, other healthcare providers, including nurses, can be liable for the injuries caused by negligent medical care. In a recent opinion issued in a New York…

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New York Court Discusses Grounds for Dismissing Medical Malpractice Claims

In New York medical malpractice lawsuits, it is incumbent upon the parties to not only demonstrate their positions are supported by sound evidence but also to comply with the applicable rules of procedure. As demonstrated in a recent New York ruling in which the court ultimately dismissed the plaintiff’s medical…

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Court Explains Evidentiary Burdens in New York Medical Malpractice Cases

In New York medical malpractice cases, each party bears a significant burden of proof. If either party fails to offer evidence sufficient to meet their burden, the court may rule in their opponent’s favor. In a recent opinion, a New York court explained each party’s evidentiary burden in medical malpractice…

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New York Court Discusses Evidence in Medical Malpractice Cases

Many older and infirm patients who are admitted to the hospital for critical care are unable to move out of their beds or walk independently. In such instances, the physicians and nurses attending to the patient’s care will typically employ fall prevention measures. If they fail to do so, and…

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New York Court Discusses the Statute of Limitations in Medical Malpractice Cases

New York law provides people harmed by the incompetence of doctors the right to seek compensation via medical malpractice claims. The right is not infinite, though, as such claims must be pursued within the statute of limitations. Certain scenarios warrant tolling of the statute of limitations, however, as discussed in…

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New York Ruling Highlights Importance of Disclosures in Medical Malpractice Cases

Expert testimony is a key component of New York medical malpractice lawsuits, and the strength of an expert’s opinion can make or break a plaintiff’s case. A plaintiff must provide the defendant with information regarding their expert and the expert’s proposed testimony prior to trial, however, to allow the defendant…

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The Risks and Dangers of Undiagnosed Maternal Infections

Maternal infection is any infection in a pregnant woman that can spread through the blood, placenta, or birth canal during pregnancy or childbirth. If left untreated, such an infection can result in serious, even long-term, injuries and disabilities for the baby.  Therefore, discovering a maternal infection early on and treating…

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