Albany County Medical Malpractice

Albany County is located in Upstate New York where the Mohawk River meets the Hudson Rivers. As of 2020, its population was 314,848. Hospitals in the Albany County metropolitan include Albany Medical Center, St. Peter’s Hospital —Albany, Ellis Hospital, Burdett Birth Center, Albany Stratton Veterans Affairs Medical Center, Cobleskill Regional Hospital, Capital District Psychiatric Hospital, Four Winds Hospital- Sarasota Springs, and Samaritan Hospital -Main Campus. If you were injured or made sick by a doctor or nurse’s professional negligence, you should call an experienced Albany County medical malpractice lawyer. DeFrancisco & Falgiatano Personal Injury Attorneys may be able to help you. Over the last three decades we have fought for best results for patients and won more than $100 million in awards and settlements.

Medical malpractice lawsuits in Albany County and elsewhere in New York can be complicated. It is crucial to retain an expert even before we file a complaint in court. Experienced medical malpractice lawyers work with knowledgeable, credible medical experts who know how to explain complex technical matters to laypeople. An expert may need to explain, for example, what a reasonably competent Albany County oncologist faced with polyps would have done in a failure to diagnose colon cancer [link to failure to diagnose colon cancer] case. Often these types of cases turn into battles between each side’s experts. In some cases, liability is contested. In others, the amount or nature of damages is contested. Sometimes doctors and other health care providers firmly maintain they did nothing wrong, even when the harms suffered by their patients are serious and there are questionable actions set forth in the associated medical records.

Under Rule 3012-a, our Albany County lawyers will need to certify that we consulted with a licensed medical provider and that based on that consultation, you have grounds to bring a lawsuit. In complex cases, we’ll need to retain more than one expert over the course of litigation. There are exceptions, so it’s important to talk to us about your particular situation.

In the course of litigation, we will take discovery to obtain the evidence we need to establish your case. Discovery could include interrogatories, percipient witness depositions, expert witness depositions, records subpoenas, and witness interviewing. Our goal in gathering the evidence is to prove it is more likely than not: (1) the defendant and you had a doctor-patient relationship such that a professional standard of care was owed, (2) departure from the professional standard of care, (3) causation and (4) actual damages.

Each situation is different. An expert or more than one expert will need to testify on what the professional standard of care was in your case and how the defendant violated that standard. The professional standard depends partly on the accepted practices of both a specialty and the geographical region where the defendant practiced.

If we are able to establish the liability of an Albany County health care provider, we may be able to recover damages on your behalf. In most cases, these are compensatory, meaning they are intended to put you back in the place you would have been in had you not been harmed by a health care provider. They can include medical expenses, lost income, pain and suffering, replacement services, and loss of enjoyment of life. Your spouse may have a claim for loss of consortium, if the injuries you suffered at the hands of a doctor resulted in an inability to intimate or affectionate.

If you were a victim of medical malpractice in Albany County, you should consult a seasoned lawyer with experience fighting in court for injured patients and their families. DeFrancisco & Falgiatano Personal Injury Attorneys has years of experience in Buffalo, Albany, Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, Elmira, and all of Upstate New York. We’ve sought best results for 30 years. For a free consultation, complete our online form or call us at 833-200-2000.