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Articles Posted in Failure to Diagnose

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New York Appellate Division Rules Against Hip Surgery Patient Who Allegedly Had Recurrent MRSA Infection Following Surgery

A Syracuse hospital malpractice case may be based on one or several alleged breaches of the duty of care towards a patient. Failing to properly diagnose and treat an infection is one possible issue that could arise in such a case. In order to prove negligence against a medical provider,…

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New York Appellate Tribunal Agrees that Summary Judgment Would Be Improper in Failure to Diagnosis Cancer Case

Negligence cases, including Syracuse medical malpractice claims, often come down to one or two basic issues. Did the defendant breach a standard of care owed to the plaintiff? Was this the proximate cause of the harm that he or she complains about in the lawsuit? Proving fault in professional negligence…

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New York Woman’s Medical Malpractice Case Arising from Misdiagnosis Partially Dismissed on Statute of Limitations Grounds

Timeliness is of the essence in a Syracuse medical malpractice lawsuit. If a claim is not filed within the time allowed by law, it will eventually be dismissed by the courts, regardless of its merits. Because of this, it is critically important that anyone who believes that they or a…

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Summary Judgment in Favor of New York Doctor and Medical Practice Affirmed – Court Hints Result Might Have Different if Autopsy Had Been Performed

Perhaps the most important thing that a patient should know about a Syracuse medical malpractice case is that, if something goes wrong and he or she feels the need to sue a medical provider for negligence, it is the patient who bears the burden of proof. This is true even…

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New York Appellate Court Agrees with Plaintiff in Medical Malpractice Case That Doctor Should Submit to Additional Deposition

A Syracuse medical malpractice case begins with the plaintiff filing a lawsuit against the allegedly negligent doctor, hospital, or another medical provider. The defendant(s) then files an answer, addressing each of the allegations made by the plaintiff in his or her suit. From there, the case typically proceeds to the…

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New York Court Affirms Summary Judgment to Doctors in Medical Malpractice Case Arising from Patient’s Death Due to Pulmonary Embolism

A doctor or healthcare provider’s failure to diagnose and/or properly treat a pulmonary embolism can result in a Syracuse surgical malpractice claim. Potentially life-threatening, a pulmonary embolism occurs when a blood clot (usually from another part of the body) blocks one of the pulmonary arteries in the lungs. A pulmonary…

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New York Court Holds that Failure-to-Diagnose Breast Cancer Medical Malpractice Claim Was Timely Filed

Like other types of personal injury and wrongful death cases, claims for medical malpractice must be filed within a certain period of time (called the “statute of limitations”), or else the claimant forfeits his or her right to pursue fair compensation. While there a few exceptions to this general rule,…

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New York Appellate Court Affirms Summary Judgment to Defendants in Prostate Cancer Case

A Syracuse medical malpractice lawsuit can arise in many different ways. Sometimes, a claim of negligence involves an affirmative act taken by a doctor, such as operating on the wrong limb or leaving behind a piece of medical equipment in a patient’s abdominal cavity. Medical malpractice can also happen when…

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New York Appellate Court Directs Entry of Order So-Ordering Stipulation of Dismissal But Allows Medical Malpractice Defendants’ Cross Claims

A Syracuse medical malpractice case may involve allegations against multiple defendants – a hospital, one or more doctors, and possibly other healthcare providers, as well. Generally speaking, the more defendants there are in a case, the more expensive and time-consuming the litigation is likely to be. For this reason, a…

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New York Appellate Division Affirms Summary Judgment to Hospital Following Patient’s Death From Pre-Existing Bacterial Infection

Losing a loved one is one of the most painful experiences in life. When the loved one’s death was preventable, the situation is even more difficult. If you have recently lost a family member and have reason to believe that a doctor, nurse, or hospital’s negligence was to blame, you…

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