Syracuse Personal Injury Law Blog

New York Court Examines Expert Testimony and Liability in Medical Malpractice Cases

Published on: February 27, 2025 | By Jeff DeFrancisco

Failure to diagnose a medical condition in a timely manner can lead to catastrophic harm. Such oversights are particularly alarming when the condition is detectable through proper medical assessment and often give rise to claims against negligent providers. In medical malpractice cases, courts often examine whether healthcare providers overlooked critical signs or failed to follow appropriate diagnostic protocols. While healthcare providers accused of such negligence will often attempt to avoid liability, they cannot do so without compelling expert testimony, as demonstrated in a recent New York opinion. If you or a loved one suffered harm due to a missed diagnosis, it is in your best interest to consult with a Syracuse medical malpractice attorney who can help you understand your legal options.

Factual and Procedural History

It is alleged that the patient, a minor, sought treatment from the defendant physician in January 2017 for persistent leg pain. Reportedly, diagnostic imaging was performed, but the physician failed to diagnose an aneurysmal bone cyst or other bone lesion in the patient’s left fibula. The untreated lesion allegedly worsened over several months, leading to the need for extensive surgery in September 2017 to remove the lesion. The plaintiff, acting individually and as the patient’s mother, asserted that the physician’s failure to diagnose the condition in a timely manner resulted in permanent injuries.

It is reported that the plaintiff filed a medical malpractice lawsuit against the physician and affiliated healthcare providers, alleging that the delayed diagnosis and lack of appropriate follow-up care caused significant harm. The defendants moved for summary judgment, arguing that they adhered to the accepted standard of care and that any alleged deviation did not proximately cause the patient’s injuries. The trial court granted the motion, dismissing the plaintiff’s claims and prompting an appeal. Continue Reading ›

New York Court Discusses Demonstrating Fault in Slip and Fall Cases

Published on: February 24, 2025 | By Jeff DeFrancisco

Slip-and-fall accidents are among the most common types of personal injury claims, often hinging on whether a property owner failed to maintain safe premises. In lawsuits arising out of slip and fall accidents, the courts closely analyze whether the defendant had notice of a hazardous condition and whether reasonable steps were taken to prevent injuries to determine whether the plaintiff can proceed with their claim. A recent New York case illustrates the burden of proof plaintiffs face when alleging negligence in a premises liability case. If you were injured in a slip-and-fall accident, consulting a Syracuse personal injury attorney can help you understand your legal options.

History of the Case

It is alleged that the plaintiff entered the defendant’s grocery store to purchase seafood when she slipped and fell near the fish counter. Reportedly, the store maintained a seafood display that utilized ice, which was designed to melt into a floor drain. The plaintiff claimed that water had accumulated on the floor near the display, creating a hazardous condition. After her fall, she noticed her clothes were wet and observed a puddle in the area where she fell.

It is reported that the plaintiff filed a negligence lawsuit against the defendant, asserting that the store failed to maintain safe premises and neglected to take adequate precautions to prevent hazardous conditions. The defendant moved for summary judgment, arguing that there was no evidence it had actual or constructive notice of the alleged hazard and that its routine maintenance procedures ensured the safety of customers. The trial court granted the defendant’s motion, dismissing the plaintiff’s claims, leading to an appeal.

New York Court Discusses Federal Preemption in Personal Injury Cases

Published on: January 28, 2025 | By Jeff DeFrancisco

When workplace safety measures intersect with federal regulatory frameworks, determining liability can become challenging for courts. A recent New York case demonstrated how courts evaluate claims involving an intersection of New York’s Labor Law and federal regulations in the context of a construction site injury. If you or a loved one were hurt in a workplace accident, you may be owed damages, and it is smart to talk to a Syracuse personal injury attorney.

History of the Case

It is alleged that the plaintiff, a helicopter lineman employed by a subcontractor, was injured on June 18, 2021, during a construction project overseen by the defendant. The defendant was under contract to perform repair and construction work on power lines and had subcontracted certain tasks to another company. The plaintiff’s role required him to work from a platform attached to a helicopter to access and repair sections of power lines. While performing his duties, the helicopter’s rotor reportedly came into contact with the structure, causing it to spin out of control and crash, leading to serious injuries.

Reportedly, the plaintiff filed a lawsuit alleging violations of New York Labor Law §§ 200, 240, and 241(6), as well as negligence on the part of the defendant as the general contractor. In response, the defendant moved to dismiss the complaint, asserting that the claims were preempted by the Federal Aviation Act (FAA) and its implementing regulations. The trial court denied the motion, determining that the FAA did not preempt the plaintiff’s claims because the helicopter functioned as construction equipment rather than an aircraft engaged in aviation activities. The defendant appealed. Continue Reading ›

New York Court Explains Preservation of Evidence in Medical Malpractice Cases

Published on: January 24, 2025 | By Jeff DeFrancisco

In cases involving allegations of medical malpractice and wrongful death, courts are often tasked with balancing the need for evidence preservation against procedural and legal requirements. This was illustrated in a recent New York case in which the court addressed issues such as pre-action discovery, evidence preservation, and requests for anonymity in sensitive litigation. If you lost a loved one due to the carelessness of a healthcare provider, it is wise to talk to a Syracuse medical malpractice attorney regarding your options.

Factual and Procedural History

It is alleged that on November 8, 2024, the decedent experienced a mental health crisis and was transported by emergency medical services to the defendant hospital. The decedent was admitted and tragically passed away within 24 hours on November 9, 2024. The plaintiff, acting as the administrator of the decedent’s estate, claims that the healthcare providers at the defendant hospital and other entities deviated from accepted medical standards, leading to the decedent’s death.

Reportedly, the plaintiff filed a motion seeking to preserve materials critical to the claims, including 911 recordings, surveillance footage, and hospital records. The motion also requested permission to proceed under a pseudonym and seal the proceedings, citing the sensitive nature of the case and the potential harm to the decedent’s surviving children should these matters become public. Continue Reading ›

New York Court Discusses Evidence in Product Liability Cases

Published on: December 27, 2024 | By Jeff DeFrancisco

People harmed by defective products have the right to seek compensation for their losses. Proving liability often requires expert testimony, but only certain parties are qualified to testify as experts, as explained in a recent ruling issued in a New York product liability case. If you or a loved one has been injured by a defective product, it is essential to consult a skilled Syracuse personal injury attorney to evaluate your potential claims.

Background of the Case

It is alleged that the plaintiff was injured while operating an ironworker machine (the “Ironworker”) at his place of employment. The Ironworker, a piece of industrial equipment used for metal cutting and fabrication, was manufactured by the defendant. The plaintiff claimed that a rear guard was missing from the machine, which caused a piece of stainless steel to strike him above the eye, resulting in severe and permanent injuries, including loss of vision.

Reportedly, the plaintiff filed suit in September 2020, asserting claims of design defect, manufacturing defect, failure to warn, and breach of warranty. Specifically, the plaintiff argued that the Ironworker was defectively designed because it did not include a rear guard, which would have prevented the incident. The plaintiff further alleged that the defendant failed to provide adequate warnings regarding the risks associated with operating the machine without a rear guard. Additionally, the plaintiff sought to exclude evidence related to prior workplace injuries and certain Occupational Safety and Health Administration records.

Court Highlights the Importance of Expert Testimony in Medical Malpractice Cases

Published on: December 23, 2024 | By Jeff DeFrancisco

Medical malpractice cases often require plaintiffs to prove not only that a deviation from the standard of care occurred but also that the deviation caused injury or death. These claims hinge on expert opinions and the ability to rebut evidence presented by the defense. A recent New York case demonstrates the critical role of expert testimony in medical malpractice litigation. If you or a loved one were harmed by potential medical negligence, consulting an experienced Syracuse medical malpractice attorney is essential.

Factual and Procedural History

It is alleged that in November 2013, the decedent was diagnosed with a 5.1 cm abdominal aortic aneurysm and subsequently underwent an endovascular aneurysm repair procedure. The surgery included the placement of a stent graft to manage the aneurysm. Over the following years, the decedent’s condition progressed, and additional intervention became necessary due to a Type IA endoleak—a known complication where blood flow persists into the aneurysm sac.

Reportedly, the decedent was referred to the defendant doctor, who advised her of the risks and need for open surgical repair of the endoleak. The procedure occurred in March 2016 and was performed by the defendant and a surgical team. During the surgery, the decedent suffered a splenic laceration, which required an emergent splenectomy, and a pancreatic injury that was subsequently repaired by another surgeon. Postoperatively, the decedent developed complications, including pancreatitis and infection, which ultimately led to her death on June 10, 2016, following weeks of intensive care. Continue Reading ›

New York Court Discusses Summary Judgment in Car Accident Cases

Published on: November 28, 2024 | By Jeff DeFrancisco

Under New York law, drivers must maintain a safe following distance and drive at a reasonable speed to avoid accidents. A rear-end collision is often considered a clear-cut example of negligence on the part of the following driver. However, establishing liability in such cases still requires adequate evidence. A recent New York case involving a rear-end collision highlights the challenges plaintiffs may face in pursuing summary judgment when evidence is deemed insufficient. If you were injured in a rear-end collision, it is wise to contact a Syracuse personal injury attorney promptly to explore your options.

History of the Case

It is alleged that the plaintiff filed a lawsuit against the defendants, alleging that one of the defendants negligently struck her car from behind on October 21, 2022, while she was stopped for traffic at an intersection in Brooklyn, New York. The plaintiff claimed serious injuries as a result of the collision.

Reportedly, the plaintiff filed a motion for summary judgment on the issue of liability. She also sought to dismiss the defendants’ affirmative defense of comparative negligence. In support of her motion, the plaintiff submitted an affidavit and a certified police report. The affidavit stated that she was stopped for traffic when the defendants’ vehicle suddenly struck her car in the rear. The police report corroborated that the defendant driver’s vehicle rear-ended the plaintiff’s vehicle but did not provide additional details regarding the circumstances of the collision. Continue Reading ›

New York Court Discusses Delayed Notice in Medical Malpractice Claims

Published on: November 24, 2024 | By Jeff DeFrancisco

Medical malpractice claims require plaintiffs to prove that a healthcare provider’s deviation from the standard of care was a proximate cause of their injuries. If they do not, their claims may be dismissed, as shown in a recent New York decision where the court found that the plaintiff failed to establish causation related to an alleged delay in notifying a physician of a patient’s deteriorating condition. If you suffered harm due to medical negligence, you should consult with a skilled Syracuse medical malpractice attorney to understand your options.

Factual and Procedural Background

It is alleged that the plaintiff instituted a medical malpractice action against a hospital and its staff, asserting that their failure to promptly notify the attending physician of a change in her condition led to the amputation of her right leg. The plaintiff was admitted to the hospital with symptoms of septic shock and required surgery. Reportedly, the attending physician assessed her condition late in the evening and determined that surgery could be delayed until the following morning unless her condition worsened. The physician instructed the hospital staff to notify him of any significant changes.

Allegedly, at 1:00 a.m., the plaintiff’s blood pressure dropped significantly, but hospital staff failed to alert the attending physician until 3:00 a.m., after a second episode of low blood pressure and a rise in heart rate. Surgery commenced at 6:00 a.m., but the plaintiff developed a blood clot in her leg post-operatively. Due to her critical condition, surgery to remove the clot was deemed unfeasible, resulting in the need for an above-the-knee amputation. Continue Reading ›

New York Court Declines to Dismiss Medical Malpractice Case Due to Immunity

Published on: October 28, 2024 | By Jeff DeFrancisco

During the COVID-19 pandemic, people admitted to healthcare facilities faced an increased risk of harm due to the likelihood of the spread of the disease. As such, the government passed laws largely granting immunity to such facilities during the pandemic. The immunity was not all-encompassing, however, as demonstrated by a recent New York ruling in which the court declined to dismiss claims against a hospital under the EDTPA. If you were hurt by inadequate medical care, it is wise to confer with a Syracuse medical malpractice lawyer regarding your potential claims.

Factual and Procedural Background

It is alleged that the plaintiff, an elderly woman, was admitted to the defendant’s hospital in March 2020 with cellulitis in her right leg and other health conditions, including deep vein thrombosis and dementia. She had also suffered a recent fall and was diagnosed with a possible acetabular fracture. During her hospital stay, the medical staff conducted various assessments, including Braden Scale evaluations, to monitor the risk of skin breakdown. Despite preventive measures, including repositioning and using specialized equipment, the plaintiff was discharged in early April 2020 without any documented skin breakdowns.

Reportedly, however, upon her admission to another facility the following day, multiple pressure ulcers and skin issues were recorded, leading the plaintiff to claim that these injuries were caused by the hospital’s negligence. The plaintiff and her power of attorney filed a medical malpractice lawsuit, alleging that the hospital failed to properly prevent and treat the pressure ulcers. In response, the defendant hospital sought summary judgment, claiming immunity under the Emergency or Disaster Treatment Protection Act (EDTPA) due to the COVID-19 pandemic. Continue Reading ›

New York Court Discusses Expert Testimony in Slip and Fall Cases

Published on: October 18, 2024 | By Jeff DeFrancisco

Businesses that regularly welcome customers into their facilities have a duty to ensure that their premises are safe. Sadly, not all businesses uphold applicable safety standards and allow dangerous conditions to exist on their property. If such neglect leads to a fall, the injured party may be able to pursue claims against the business. In some cases, expert testimony may be necessary to demonstrate the defendant’s deviation from the standard of care, as discussed in a recent New York case. If you suffered harm in a slip and fall accident, meeting with a Syracuse personal injury lawyer about your rights is in your best interest.

History of the Case

It is reported that the plaintiff filed a lawsuit against the defendant after sustaining injuries from a fall at a United States Post Office. The incident occurred when the plaintiff was at the post office to mail packages. After dropping off several packages inside, she was directed to take the last package, a typewriter, to the loading dock. As the plaintiff walked toward the dock, she stepped onto a single-step landing that was part of the loading area.

Allegedly, after handing the package to an employee, the plaintiff turned around to walk away but slipped on the yellow-painted edge of the landing, falling and breaking three bones in her right foot. The plaintiff alleged that the landing was unsafe, with a worn and slippery surface, and that trucks backing into the dock had further damaged the area. The plaintiff’s expert supported these claims, stating that the landing’s height and slope violated safety standards. The defendant moved to exclude the expert testimony and sought summary judgment, arguing that the plaintiff failed to establish negligence or a dangerous condition. Continue Reading ›