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Trials in Medical Malpractice Cases

Attorneys Representing Parties Harmed by Medical Malpractice in Rochester, Syracuse, and Upstate New York

While most medical providers deliver competent and effective care, some make grave mistakes that cause their patients to suffer serious and lasting injuries. People harmed by such carelessness often not only endure physical pain and emotional distress but also incur significant financial burdens. As such, people harmed by negligent medical treatment will often seek to recoup compensation for their losses via medical malpractice lawsuits. Although many medical malpractice cases ultimately settle, a considerable number proceed to trial. It is crucial, therefore, for anyone who wants to pursue medical malpractice claims against their healthcare provider to hire an attorney with the skills and experience needed to help them obtain a favorable outcome. At DeFrancisco & Falgiatano Personal Injury Lawyers, our assertive Syracuse medical malpractice lawyers have ample experience litigating cases against negligent healthcare providers, and if we represent you, we will help you seek any damages you may be owed. We regularly help people pursue medical malpractice claims in Syracuse, Rochester, and throughout Upstate New York.

Establishing Liability in Trials in Medical Malpractice Cases

In many medical malpractice cases, the parties reach an agreement on disputed issues before trial and enter into a settlement agreement. However, in some instances, disagreements over facts or damages are so significant that they must be resolved in court by a judge or jury. While people generally understand that the ultimate goal of litigation is to recover damages, many parties filing medical malpractice lawsuits may not fully comprehend what it entails or what they need to prove for a successful verdict at trial. Understanding the process of the case is crucial to giving the injured party the best chance of a favorable outcome, however.

In a medical malpractice case, the plaintiff bears the burden of establishing the defendant’s liability. In most cases, this means that the plaintiff has to demonstrate the defendant’s negligence to prevail. Under New York law, a plaintiff asserting a defendant healthcare provider was negligent must prove that the defendant owed the plaintiff a duty but ultimately failed to uphold it. In the context of a doctor-patient relationship, the duty owed is to offer treatment that complies with the standard of care, which is what a competent professional working in the same practice area would consider a good and accepted practice of medicine. The plaintiff then has to establish that they suffered measurable harm, and needs to connect the defendant’s breach of standard care to the losses incurred.

Given the complicated nature of medical care, which can be challenging for laypeople to understand, a plaintiff in a medical malpractice case will usually need to engage an expert to clarify the standard of care and illustrate how the defendant's actions deviated from the standard. Typically, the defendant will counter the plaintiff's evidence using their own expert testimony or reports. Whether the judge or jury finds a defendant liable for medical malpractice usually hinges on which party’s evidence is more persuasive.

Damages Awarded in Trials in Medical Malpractice Cases

In addition to proving fault, plaintiffs in trials in medical malpractice cases must establish damages as well. As such, they must offer evidence demonstrating the economic and non-economic losses sustained due to the defendants’ negligence. In other words, they will often introduce documentation of the cost of their medical care and care they will need in the future, lost wages, and out-of-pocket costs. They may also testify or present testimony from family members to show their non-economic losses, which can include their mental and emotional distress, physical pain, and suffering.

Meet with a Trusted Medical Malpractice Attorney in Syracuse, Rochester, or Upstate New York

If you were hurt due to inadequate medical care, you may be able to recover damages in a medical malpractice lawsuit, and you should speak to an attorney. The trusted Syracuse medical malpractice lawyers of DeFrancisco & Falgiatano Personal Injury Lawyers are skilled at helping victims of medical negligence in the pursuit of justice, and if we represent you, we will advocate zealously on your behalf. Our principal office is in Syracuse. We frequently represent people in trials in medical malpractice lawsuits in Syracuse as well as in Rochester and throughout Upstate New York. To arrange a complimentary and confidential conference, you can contact us by calling us at 833-200-2000 or using our form online.

Client Reviews
"We were very impressed with how Jeff DeFrancisco represented us at trial and we were extremely happy when the jury found in our favor." D.M., Auburn, NY
"I suffered a serious injury as a result of medical malpractice. My husband and I retained Jeff DeFrancisco to assist us in this case. We were extremely happy with his representation and highly recommend him." Kelley R., Syracuse, NY
Since the insurance company was unwilling to settle the matter my case ultimately went to trial. At trial Jeff DeFrancisco did an absolutely amazing job by obtaining a very favorable result for me." T.H., Oneida, NY
"I highly recommend DeFrancisco & Falgiatano - Charlie represented me for a medical malpractice case. He is the best of the best. He is friendly and I am very happy with the representation he provided." Roger N., Oneida, NY