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 ...

Tagged with: Appellate Division Fourth Department medical malpractice

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 ...

Tagged with: Appellate Division Fourth Department medical malpractice

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 ...

Tagged with: Appellate Division Fourth Department medical malpractice

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 ...

Tagged with: Appellate Division Fourth Department medical malpractice proximate cause summary judgment

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 ...

Tagged with: medical malpractice U.S. District Court WDNY

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, ...

Tagged with: judges medical malpractice

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 ...

Tagged with: eighth amendment medical malpractice U.S. District Court WDNY

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 ...

Tagged with: eighth amendment medical malpractice U.S. District Court WDNY

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 ...

Tagged with: expert testimony medical malpractice New York State Court of Claims

Appellate Division, Fourth Department Medical Malpractice Proximate Cause Swavely v. Zhou MD, et al. CA 10-02280 Appealed from Supreme Court, Onondaga County Background: The plaintiff, as executor of the estate of his mother, appealed from an order that sought to ...

Tagged with: Appellate Division Fourth Department medical malpractice proximate cause

Although federal law and every other state in the nation requires disclosing the identity of expert witnesses in medical malpractice cases, New York only requires each side to indicate experts’ basic credentials, qualifications and a rough outline of their argument.

Tagged with: medical malpractice New York State Testimony

BRADENTON, Fla. — Veterans, military families and others who oppose a decades-old law that shields military medical personnel from malpractice lawsuits are rallying around a case they consider the best chance in a generation to change the widely unpopular protection.

Tagged with: lawsuits medical malpractice Military SCOTUS