Medical Malpractice Attorneys Serving Rochester

Do you believe you’re a victim of medical malpractice? Has a medical professional violated their professional duty to do no harm or even been negligent in your treatment? If so, you may be entitled to financial compensation. Doctors, nurses, and healthcare providers have a duty to provide competent care, but if they fail to do so and in turn make your health problems worse, you may be able to pursue legal action. This is where the experienced medical malpractice lawyers at the DeMore Law Firm of Syracuse come in to help you get the money that you deserve.


Best Rochester Medical Malpractice and Personal Injury attorneys


Medical malpractice is the most serious of all personal injury claims. If a medical professional’s actions or inactions cause harm to you or your family, you have the right to seek compensation for your injuries.

The medical profession is an elite group of professionals with advanced training and experience. When they fail to meet certain standards, it can result in devastating consequences. When it comes to medical malpractice cases, it is important that you get the representation of a qualified medical malpractice lawyer who will aggressively fight for your rights.

At the DeMore Law Firm, we are committed to protecting our clients’ rights and holding medical professionals accountable for their negligence. If you or a loved one have been injured as a result of malpractice, contact us today for a free consultation.

Types of Medical Malpractice Claims

Approximately 250,000 people die in the US each year from various forms of medical malpractice. Stated another way, medical malpractice is the third leading cause of death in America.

If a physician or nurse deviates from the accepted standards of the care, we will hold them accountable. It’s common sense really – when a medical provider fails to meet the threshold requirements for treating a patient properly, bad things can happen. That said, it’s important to understand medical malpractice cases and the differences between a “bad outcome” and when a provider deviates from accepted standards of care.

Some types of malpractice claims are more frequent than others, but it’s difficult to adequately track the frequency of a specific type of claim. There are a few different types of medical malpractice claims that a patient may have the right to file, these include:

1. Misdiagnosis

When a doctor incorrectly diagnoses a patient with a disease or condition, that patient may not receive appropriate treatment for his or her illness. For example, if a doctor misdiagnoses a patient as having a malignancy when in fact the patient has a benign tumor, then the patient may be subjected to unnecessary and painful treatment, including surgery and/or chemotherapy. A number of factors can contribute to a physician’s misdiagnosis. These include lack of familiarity with the symptoms of a particular disease, reliance on outdated information or training, and poor training.

2. Delayed Diagnosis

Similar to misdiagnosis is a delayed diagnosis.  A delayed diagnosis occurs when a medical provider fails to timely identify the patient’s condition as quickly and efficiently as they should when reviewing the patient’s symptoms and test results. A delayed diagnosis can result in a missed chance for a cure..

3. Failure to Treat

There are many instances when a doctor’s diagnosis is correct but fails to recommend the proper treatment. These types of situations come under failure to treat. For example, a patient has had a cardiac arrest and is brought to the hospital, but instead of being put on blood thinners to prevent clotting, the doctor simply says that he or she needs to rest. In this scenario, the patient may sustain a second heart attack and it could be fatal.

4. Surgical Errors

Surgical errors occur when the patient is subjected to an invasive surgery that has been performed incorrectly. Some common examples include a surgeon performing a procedure on the wrong organ or body part, an instrument being left inside a patient resulting in an infection, or a patient having a medical condition that is not suitable for a particular surgical procedure.

5. Childbirth Injuries

Injuries during childbirth that are caused by medical negligence can occur. Some common examples include causing unnecessary injury to the mother or baby during delivery, using inappropriate instruments or techniques to perform a delivery, and failing to provide necessary medical treatment to the mother or baby.

6. Medical Product Liability

Medical product liability occurs when a defective or improperly functioning medical product causes harm to a patient. Common examples include a surgeon using a faulty needle to perform a simple medical procedure, a hospital providing a patient with a defective piece of equipment, and a manufacturer providing a defective medical device.

7. Prescription Errors

According to The National Coordinating Council for Medication Error Reporting and Prevention, a medication error is defined as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer.” This means that any preventable mistake involving your medication that can lead to misuse, or may harm you counts as a medication error. Read more about our prescription errors practice area here.

Victim of Medical Malpractice? Take These Steps

Medical malpractice cases can be complex and confusing. We understand that it is normal to be unsure if you were actually a victim of medical negligence. If you or any other loved ones have sustained an injury as a result of improper treatment, then you should have your case investigated.

  • The first step is to document the facts of the case. Make sure you have all the facts about the medical procedure, your condition, and the injury or side effect that occurred.
  • The next step is to question your doctor; Informed consent is required by law and as a result patients also have the right to be informed about every aspect of their treatment. Patients must be educated on all of their treatment options so that they can make their own educated choices about the care that will be administered.
  • Consult with another healthcare professional; If you feel like something is wrong then talk to a second medical expert who has experience in dealing with similar issues.
  • Consult with a medical malpractice attorney; It’s good to have a lawyer that specializes in medical malpractice cases on your side. Otherwise, you won’t know whether your claim is viable, and it’s unlikely that you’ll get the money that you deserve.

Excellence, proven results, and tenacious advocacy for Everyone

That’s what we bring to every case. We’re one of the few law firms in New York that is able to successfully represent clients in medical malpractice cases across the State of New York.  Our firm’s staff is made up of two of the most respected lawyers in New York. We are committed to providing our clients with the highest quality legal representation.

The same staff helped us win $350,000 for the estate of a 55 year-old man in Rochester when his primary care physicians failed to diagnose his lung cancer. The physicians failed to follow the recommendation of a radiologist to undergo a CT scan of his chest. Sadly, he ultimately passed away from Stage IV lung cancer.

What is the average settlement for medical malpractice in the United States?

National Practitioner Data Bank released a report that showed the average medical malpractice settlement for 2018 was just over $348,000. In total, payouts amounted to a whopping 4 Billion Dollars for those injured by medical providers. Approximately 96.5% of all payouts were the result of settlements, while the remaining 3.5% resulted from jury verdicts.

Our Medical Malpractice Lawyers Are Here

Want to know more about a medical malpractice claim? If you have questions about your injuries and your options for recovery, an experienced medical malpractice lawyer serving the Rochester area can help.