Syracuse Personal Injury Law Blog

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 ›

New York Court Evaluates Evidence Supporting Product Liability Claims

Published on: September 28, 2024 | By Jeff DeFrancisco

Generally, collisions are the direct result of negligence. While in most instances, the negligence that causes crashes occurs in the form of careless driving, it can also arise in the negligent design or manufacture of the vehicle involved in the accident. People harmed by such defects can often pursue product liability claims against the parties that manufactured the car, but proving fault in such cases can be challenging, as shown in a recent New York case. If you were injured in a crash triggered by a defective vehicle, it is advisable to consult a Syracuse personal injury lawyer to discuss what claims you might be able to assert.

Case Setting

It is alleged that the plaintiff, a New York resident, filed a complaint against the defendant vehicle manufacturer following a car accident in January 2023. The plaintiff was driving a SUV manufactured by the defendant when the vehicle suddenly accelerated as she was entering a parking garage in Poughkeepsie, New York. The vehicle rear-ended another car, jumped a curb, and struck a pillar, where it eventually came to a stop. The plaintiff claimed to have sustained neck, head, and back injuries as a result of the crash.

Reportedly, the plaintiff alleged that the vehicle malfunctioned, causing the unintended acceleration, brake failure, and airbag failure, and further stated that the vehicle continued to rev for twenty minutes after the crash, despite the brake pedal being stuck to the floor. The defendant argued that the accident was caused by the plaintiff inadvertently depressing the accelerator. Data from the vehicle’s Event Data Recorder (EDR) revealed that the accelerator was fully depressed at the moment leading up to the crash and that the brakes were not applied. The defendant filed a motion for summary judgment, asserting that the plaintiff failed to provide any admissible evidence to support her claims of product malfunction. Continue Reading ›

New York Court Examines Evidence Needed to Establish a Lack of Informed Consent

Published on: September 24, 2024 | By Jeff DeFrancisco

Some health conditions, like hernias, require surgical repair. While such procedures provide many benefits, there are often dangers associated with them as well. As such, it is incumbent that doctors advise patients of both the pros and cons of a procedure so that the patients can knowingly decide whether to proceed. If a physician fails to do so, and the patient suffers harm, the physician may be liable for lack of informed consent, as explained in a recent New York case. If you suffered harm due to a doctor’s failure to adequately inform you of the risks of surgery, it is wise to talk to a Syracuse medical malpractice lawyer at your earliest convenience.

History of the Case

It is reported that the plaintiff brought a lawsuit seeking damages for injuries allegedly sustained due to a laparoscopic ventral hernia repair performed by the defendant, a surgeon. During the procedure, the plaintiff’s bowel was reportedly perforated, requiring corrective surgery. The plaintiff claimed medical malpractice and lack of informed consent. The defendant moved for summary judgment to dismiss the complaint, arguing that they adhered to medical standards and provided adequate informed consent. The trial court denied the motion, prompting the defendant to appeal the decision.

Evidence Needed to Establish a Lack of Informed Consent Claim

On appeal, the court affirmed the trial court’s decision to deny the defendant’s motion for summary judgment. Regarding the lack of informed consent claim, the court explained that for such a claim to succeed, the plaintiff must demonstrate that the practitioner failed to disclose the risks, benefits, and alternatives that a reasonable practitioner would have disclosed and that a fully informed person in the plaintiff’s position would have declined the procedure. Continue Reading ›

New York Court Discusses Conflicting Expert Reports in Medical Malpractice Cases

Published on: August 28, 2024 | By Jeff DeFrancisco

In medical malpractice cases, both parties will usually set forth expert affidavits in support of their respective positions. If one party’s expert report is found lacking, the court may enter judgment in favor of the other party. If both expert reports are supported by facts and evidence but conflict, however, it is likely that the case will have to proceed to trial, as illustrated in a recent New York ruling. If you were injured by a negligent physician, it is important to understand your rights, and you should speak with a Syracuse medical malpractice attorney at your earliest convenience.

Case Setting

It is alleged that the plaintiff received treatment from the defendant, a physician, at a hospital owned by the defendant healthcare company between September 2015 and May 2016. In October 2015, the defendant physician performed cataract removal surgery on the plaintiff’s right eye. Following the surgery, the plaintiff initiated legal action against the defendants, alleging medical malpractice, among other claims.

It is reported that the defendants sought summary judgment to dismiss the complaint, arguing that there was no departure from accepted medical practices or that any alleged deviation was not the proximate cause of the plaintiff’s injuries. The trial court denied the defendants’ motion for summary judgment concerning the medical malpractice claim. The defendants then filed an appeal. Continue Reading ›

New York Court Discusses Comparative Negligence in Car Accident Cases

Published on: August 2, 2024 | By Jeff DeFrancisco

When car crashes occur, the parties involved will often dispute who is at fault. In cases involving rear-end collisions, though, there is a presumption that the second driver bears liability. Regardless, a driver who causes a rear-end accident may argue that the injured party was comparatively negligent, and as discussed in a recent New York ruling, they may be able to present evidence of such claims at trial. If you were hurt in a collision caused by a careless driver, you should consult a Syracuse personal injury lawyer as soon as possible to discuss what claims you may be able to pursue.

Facts of the Case and Procedural Setting

It is alleged that in June 2014, the plaintiff’s vehicle was rear-ended by a tractor-trailer operated by the defendant driver and owned by the defendant trucking company. The plaintiff subsequently filed a lawsuit to recover damages for personal injuries allegedly sustained in the accident. In response, the defendants raised several defenses, including the claim of comparative negligence. The plaintiff then moved for summary judgment on the issue of liability and sought to dismiss the defendants’ affirmative defenses related to comparative negligence. The trial court denied the plaintiff’s motion, which prompted the plaintiff to appeal.

Comparative Negligence in Car Accident Cases

On appeal, the court reviewed whether the plaintiff was entitled to summary judgment on the issue of liability and whether the defendants’ affirmative defenses of comparative negligence should be dismissed. Continue Reading ›

New York Court Discusses General Negligence in the Context of Medical Care

Published on: July 8, 2024 | By Jeff DeFrancisco

The struggle to have children can be heartbreaking. Thankfully, many people dealing with infertility can get help conceiving via advanced reproductive technology like IVF. If an IVF procedure is not performed properly, it may impact a party’s ability to grow their family. As discussed in a recent New York case, however, errors made during the IVF process most likely do not constitute general negligence. Instead, they usually give rise to medical malpractice claims. If you suffered losses due to mistakes made by a fertility specialist, it is wise to confer with a Syracuse medical malpractice lawyer to determine what claims you may be able to pursue.

History of the Case

It is reported that the plaintiff underwent in vitro fertilization (IVF) treatment at the defendant’s fertility center, successfully giving birth to her first child. However, her subsequent IVF treatment to conceive a second child genetically related to her first child was unsuccessful. The plaintiff filed a lawsuit alleging several causes of action, including violations of General Business Law, ordinary negligence, intentional infliction of emotional distress, and others. The court dismissed most of her claims, leading to the plaintiff’s appeal.

General Negligence in the Context of Medical Care

On appeal, the court reviewed the dismissal of the plaintiff’s claims, affirming and reversing in part. The court determined that the plaintiff’s cause of action for a violation of General Business Law § 349 should not have been dismissed, citing the plaintiff’s allegations of materially deceptive advertising about the IVF success rates as consumer-oriented conduct targeted by the statute. Continue Reading ›

New York Court Discusses Establishing Negligence as a Matter of Law

Published on: July 3, 2024 | By Jeff DeFrancisco

Motor vehicle collisions are typically caused by the carelessness of one or more drivers. People involved in accidents are often reluctant to take responsibility, though, and the issue of fault will ultimately have to be presented to a jury. In some instances, though, liability is so clear that the court will decide in the plaintiff’s favor prior to trial. In a recent New York opinion, the court discussed the elements of common law negligence and ultimately affirmed judgment in favor of the plaintiff on the issue of liability. If you were injured in a motor vehicle crash, it is prudent to talk to a Syracuse personal injury lawyer about what evidence you must offer to demonstrate fault.

Factual and Procedural History

It is alleged that the plaintiff initiated a lawsuit against the defendant Chamber of Commerce, among others, seeking damages for personal injuries sustained when a runaway golf cart collided with her vendor tent at a carnival that the defendant organized. The accident happened when a carnival volunteer parked the golf cart but left it unattended with the key in the on position to help another vendor load supplies.

Reportedly, when the volunteers were in the process of loading, a tent fell onto the gas pedal of the golf cart, which caused it to accelerate into surrounding tents. Following discovery, the plaintiff moved for summary judgment on the issue of liability. In her motion, the plaintiff argued that the defendant’s failure to exercise due care when securing the golf cart proximately caused her injuries. The trial court granted the plaintiff’s motion regarding liability, and the defendant appealed. Continue Reading ›

New York Court Examines Liability in Rear End Collision Cases

Published on: June 12, 2024 | By Jeff DeFrancisco

While some car crashes are avoidable, the majority of car accidents are caused by careless driving. In rear-end collision cases, the rear driver is presumed to be negligent and must produce evidence sufficient to overcome the assumption. As such, it can be challenging for rear drivers hurt in such accidents to recover damages, as demonstrated in a recent New York ruling. If you were hurt in a car crash, it is smart to meet with a Syracuse personal injury lawyer to determine your rights.

Case History

It is alleged that in February 2017, at approximately 2:34 a.m., a vehicle driven by the decedent struck the rear of a tractor-trailer parked on the shoulder of a County highway. The tractor-trailer was owned and operated by the defendant. The collision resulted in the decedent’s death.

Reportedly, the plaintiff initiated an action seeking damages for personal injuries and wrongful death, alleging negligence against the defendant and the County defendants, including the police department and a police officer. The defendant and the County defendants moved separately for summary judgment to dismiss the complaint against them. The trial court granted these motions, and the plaintiff appealed the decision. Continue Reading ›

New York Court Distinguishes Medical Malpractice from Ordinary Negligence

Published on: June 7, 2024 | By Jeff DeFrancisco

Medical professionals have an obligation to provide their patients with competent care. If they neglect to do so, thereby causing their patients harm, it may constitute medical malpractice. Not all injuries that occur in the context of medical care constitute medical malpractice, however. In a recent New York opinion, a court distinguished medical malpractice from ordinary negligence, ultimately finding that the harm in question was the result of a deviation from a professional standard of care. If you were hurt by the carelessness of a treatment provider, it is smart to talk to a Syracuse medical malpractice lawyer about what claims you may be able to pursue.

Factual and Procedural Background

It is reported that in January 2016, the decedent was a patient at the medical center operated by the defendants. During a procedure in the catheter lab, attended by a nurse employed by the medical center and another nurse employed by a staffing company, the decedent, who was legally blind, fell from an examination table after one of the nurses momentarily stepped away. The fall resulted in injuries to the decedent. In 2016, the decedent initiated a lawsuit alleging medical malpractice and lack of informed consent against the medical center and its nurse, filing a certificate of merit as required by law.

Allegedly, in 2018, the decedent began a separate action against the defendants, alleging negligence in her care, specifically mentioning failures in supervision and fall risk assessment due to her blindness, medical conditions, and medications. The decedent died while the case was ongoing, and the plaintiff, as the administrator of the estate, was substituted in the case. The defendants filed a cross-motion to compel the plaintiff to serve a certificate of merit and notice of medical malpractice and to transfer the case to the medical malpractice part. The plaintiff opposed, arguing the case was one of negligence, not medical malpractice. The court denied the defendants’ cross-motion, leading to the appeal. Continue Reading ›