An Erie County woman can proceed with a medical malpractice and wrongful death suit against certain Buffalo doctors and medical facilities. Joanne Wilk claims the doctors and hospitals failed to diagnose and treat her husband’s aortic dissection, a tear in ...

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Appellate Division, Fourth Department Medical Malpractice Medical Expert Welch v. State of New York CA 11-01784 Appealed from Court of Claims Background: The claimant inmate commenced a medical malpractice action alleging that the defendant failed to diagnose and treat him ...

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U.S. District Court, WDNY Medical Malpractice Prisoner Disagreement with Treatment Perez v. County of Monroe 10-cv-6216L Judge Larimer Background: The pro se plaintiff filed a Section 1983 action, alleging claims arising out of events that occurred while he was confined ...

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Appellate Division, Fourth Department  Medical Malpractice Standard of Care — Developmentally Disabled Patient Welsh v. St. Elizabeth Medical Center CA 12-01576 Appealed from Supreme Court, Oneida County Background: The plaintiff’s decedent was developmentally disabled adult who sustained injuries as a result ...

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Appellate Division, Fourth Department Medical Malpractice Foreign Object — Statute of Limitations  Jacobs v. The University of Rochester, et al. CA 12-00866 Appealed from Supreme Court, Herkimer County Background: The plaintiff commenced a medical malpractice action seeking damages for injuries ...

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Appellate Division, Fourth Department Medical Malpractice Punitive Damages — Fraudulent Medical License Watson v. Jones Memorial Hospital, et al. CA 11-02234 Appealed from Supreme Court, Allegany County Background: The defendant appealed from an order that denied his cross motion to ...

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ALBANY — It was medical malpractice for a Long Island family doctor to have an affair with a married patient he treated for anxiety and depression, but she shares the fault since they both sought repeated sexual encounters, New York’s ...

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Appellate Division, Fourth Department  Medical Malpractice Ordinary Negligence Mancuso v. Kaleida Health, et al. CA 12-00631 Appealed from Supreme Court, Erie County Background: The plaintiff commenced a wrongful death action alleging that the defendant’s negligence was the cause of the ...

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Medical malpractice payments in 2011 were at their lowest level on record, with injured patients receiving an average of only $327,600, according to a new study by consumer watchdog Public Citizen. “The juxtaposition of declining medical malpractice payments and skyrocketing ...

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Appellate Division, Fourth Department  Medical Malpractice Battery — Due Process Vanbrocklen v. Erie County Medical Center CA 11-02199 Appealed from Supreme Court, Erie County   Background: The plaintiff was brought by ambulance to the defendant after suffering a severe panic ...

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Appellate Division, Fourth Department  Medical Malpractice Duty of Prison Officials Andrews v. County of Cayuga CA 12-00103 Appealed from Supreme Court, Cayuga County   Background: The plaintiff commenced an action seeking damages for injuries he sustained while he was a ...

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Almost 55 percent of all medical malpractice cases are dismissed and less than 5 percent make it to trial, according to a new study published by the American Medical Association. Further, most of the cases that go to trial — ...

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