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Tag Archives: medical malpractice

Fourth Department – Wolf v. Persaud

Appellate Division, Fourth Department Medical Malpractice – Prima Facie Case Expert’s Testimony – Authoritative Journal Wolf v. Persaud CA 14-02013 Appealed from Supreme Court, Chautauqua County Background: The plaintiffs commenced a medical malpractice action which alleges that the defendants failed ...

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Fourth Department – Flint v. Zielinski, et al.

Appellate Division, Fourth Department Medical Malpractice Continuous Treatment – Metastasized Cancer Flint v. Zielinski, et al. CA 14-01040 Appealed from Supreme Court, Niagara County Background: The decedent commenced a medical malpractice action alleging that the defendant failed to take necessary ...

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Fourth Department – Medical Malpractice: Black v. State of New York

Appellate Division, Fourth Department –  Medical Malpractice – Recognition of Emergency – Deviation from Standard of Care   Black v. State of New York CA 14-00317 Appealed from Court of Claims   Background: The decedent commenced an action seeking damages ...

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Fourth Department – Medical Malpractice: Lauto, et al. v. Catholic Health System

Appellate Division, Fourth Department – Medical Malpractice – Doctor’s Standard of Care – Nurse’s Opinion Testimony   Lauto, et al. v. Catholic Health System CA 14-00496 Appealed from Supreme Court, Erie County   Background: The plaintiff commenced a medical malpractice ...

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Fourth Department – Medical Malpractice: Mazella v. Beals

Appellate Division, Fourth Department – Medical Malpractice – Battle of the Experts – Jury Verdict   Mazella v. Beals CA 14-00291 Appealed from Supreme Court, Onondaga County   Background: The plaintiff commenced a medical malpractice action and wrongful death action ...

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Fourth Department – Medical Malpractice: Bagley v. Rochester General Hospital

Appellate Division, Fourth Department – Medical Malpractice – Expert Testimony and Affidavit   Bagley v. Rochester General Hospital CA 13-01524 Appealed from Supreme Court, Monroe County   Background: The plaintiff commenced a medical malpractice and wrongful death action. The plaintiff’s ...

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Fourth Department — Medical Malpractice: Johnson v. Ayyub, et al.

Appellate Division, Fourth Department Medical Malpractice Spoliation of Evidence — Intentional Conduct Johnson v. Ayyub, et al. CA 13-00510 Appealed from Supreme Court, Allegany County Background: The plaintiff commenced a medical malpractice action after the death of her husband, who ...

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Fourth Department — Medical Malpractice: Harden v. Faulk

Appellate Division, Fourth Department Medical Malpractice Alternative Theory of Causation — Juror Misconduct Harden v. Faulk CA 13-00705 Appealed from Supreme Court, Chautauqua County Background: The plaintiff brought a medical malpractice action against the physician that initially treated her ankle ...

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Fourth Department — Medical Malpractice: Burton v. Sciano M.D., et al.

Appellate Division, Fourth Department Medical Malpractice Pharmacy Negligence — Standard of Care Burton v. Sciano M.D., et al. CA 12-02073 Appealed from Supreme Court, Oneida County Background: The plaintiff commenced an action seeking damages for injuries allegedly arising from the ...

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Fourth Department — Medical Malpractice: Wilk v. James, M.D.

Appellate Division, Fourth Department Medical Malpractice Deviation of Standard of Care Wilk v. James, M.D. CA 12-02019 Appealed from Supreme Court, Erie County Background: The plaintiff administratrix of her husband’s estate commenced a medical malpractice and wrongful death action. She ...

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Court of Appeals — Medical Malpractice: James v. Wormuth M.D. et al.

New York State Court of Appeals Medical Malpractice Expert Testimony — Res Ipsa Loquitur James v. Wormuth M.D. et al. No. 126 Judge Rivera Background: The plaintiff commenced a medical malpractice action after the defendants failed to remove a localization ...

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Appellate Division, Fourth Department — Medical Malpractice: Wilk v. James, MD, et al.

Appellate Division, Fourth Department  Medical Malpractice Improper Diagnosis Wilk v. James, MD, et al. CA 12-00577 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a medical malpractice and wrongful death action as a result of the alleged failure ...

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