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Category: Medical Malpractice

September 4, 2017
The Continuous Doctrine is Under Attack in New York

By Michael H. Joseph

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Our New York City medical malpractice lawyers know that the continuous treatment doctrine is one of the best tools that prevent negligent doctors from using the statute of limitations to deprive patients who have been victimized by professional negligence, from their just recovery. The continuous doctrine in medical malpractice cases, holds that, in actions based on a failure to diagnose a condition, the limitations period is tolled as long as the symptoms being treated indicate the condition’s existence. This exception to the statute of limitations is important because in New York, the statute of limitations is only two and a half… Read More

October 26, 2013
New York Appellate Court Allows Negligent Treatment Of Depression Which Results In Suicide To Go Forward

By Michael H. Joseph

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Our Westchester personal injury lawyers continue to monitor the evolution of New York tort law. Our White Plains lawyers continue to work towards social justice issues. In a recent case, the New York Second Department Appellate Department has reinstated a case seeking recovery of pre-death pain and suffering where the Defendant was negligent in treating the depression of a person who ultimately committed suicide. The Defendants argued that the plaintiff could not recover damages in a wrongful death action for any conscious pain and suffering the decedent may have experienced prior to her suicide and the Westchester Supreme Court agreed… Read More

December 20, 2009
Medical Malpractice Bungle BUNGLE HIV Nightmare

By Michael H. Joseph

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As a New York Personal Injury Attorney, I am proud to annouce that our client Maria Osorio’s case was recently featured in the New York Post. The Harlem Hospital committed Medical Malpractice by negligently diagnosing our client with HIV, Hepatitus and Herpes. We intend to make sure our client gets properly compensated for the damage that she was caused. A woman who has been married for 37 years and has been faithful to her husband should not have to endure this type of shock and humiliation. Medical errors have caused numerous children to loose their parents and spouses to loose… Read More

 
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