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Tag Archives: medical malpractice

Fourth Department — Medical Malpractice: James v. Wormuth MD and CNY Thoracic Surgery PC

Appellate Division, Fourth Department Medical Malpractice Deviation from Medical Standards – ‘Res Ipsa’ James v. Wormuth MD and CNY Thoracic Surgery PC CA 11-00814 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced a medical malpractice action seeking damages ...

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Fourth Department — Medical Malpractice: Abascal v. State

Appellate Division, Fourth Department Medical Malpractice Necessity of Expert Medical Evidence Abascal v. State CA 11-00215 Appealed from Court of Claims Background: The claimant brought an action seeking damages sustained as a result of a prostate examination performed at the ...

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Fourth Department — Medical Malpractice: Wulbrecht v. Jehle MD, et al.

Appellate Division, Fourth Department Medical Malpractice Vicarious Liability — Independent Judgment Wulbrecht v. Jehle MD, et al. CA 11-00510 Appealed from Supreme Court, Erie County Background: The plaintiff, as administratrix of the estate of her husband, commenced a medical malpractice ...

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Fourth Department — Medical Malpractice: Gagnon v. St. Joseph’s Hospital, et al.

Appellate Division, Fourth Department Medical Malpractice Proximate Cause — Summary Judgment Gagnon v. St. Joseph’s Hospital, et al. CA 11-00343 Appealed from Supreme Court, Oneida County Background: The plaintiffs brought a medical malpractice action and appeal the dismissal of their ...

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WDNY — Medical Malpractice: Nelson v. Alves

U.S. District Court, WDNY Medical Malpractice Conclusory Allegations Nelson v. Alves 11-cv-6045L Judge Larimer Background: The pro se plaintiff commenced an action alleging that the defendant violated his constitutional rights during his confinement at Elmira Correctional Facility.  The defendant moved ...

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Courts take new approach to med mal cases

A new program designed to help settle medical malpractice cases sooner is being implemented in the Eighth Judicial District. The idea is to get judges involved earlier to settle cases, saving time and money for everyone involved. Judge Ann Pfau, ...

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WDNY — Medical Malpractice: Striplin v. Alves, et al.

U.S. District Court, WDNY Medical Malpractice Eighth Amendment Striplin v. Alves, et al. 10-cv-06190-CJS Judges Siragusa Background: The plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, filed a § 1983 complaint ...

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WDNY — Eighth Amendment: Rodriquez v. Conway, et al.

U.S. District Court, WDNY Eighth Amendment Medical Malpractice Rodriquez v. Conway, et al. 10-cv-6243L Judge Larimer Background: The pro se plaintiff commenced a § 1983 action alleging that the defendants, employees of the Attica State Correctional Facility, had failed to ...

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Court of Claims — Medical Malpractice: Brown v. State of New York

New York State Court of Claims Medical Malpractice Expert Testimony Brown v. State of New York 113614 Judge Minarik Background: The claimant, an inmate at the Auburn Correctional Facility, alleged that he suffered from painful, chronic headaches. He alleges that ...

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