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Articles Posted in Hospital Negligence

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New York Appellate Court Reverses Summary Judgment Granted to Medical Providers on Claim Regarding Vegetative Patient’s Conscious Pain and Suffering

In a lawsuit arising from an alleged act of medical malpractice, a Syracuse medical malpractice plaintiff may seek reasonable compensation for several different types of damages. Two of the most common types of damages are medical expenses and lost earning capacity caused by the act(s) of medical negligence. Money damages…

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Summary Judgment Granted to New York Hospital Despite Patient’s Allegation of Delay in Treating Gunshot Wound

Doctors and hospitals make mistakes, just like other individuals and institutions. Sometimes an act of negligence involves the timing of treatment more than the actual procedure or diagnosis. The hospital or physician may have, eventually, done the right thing, but the delay may have caused a patient to suffer unnecessarily…

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Summary Judgment Granted in Part, Denied in Part in New York Family’s Medical Malpractice Lawsuit for Relative’s Post-Surgery Death

In a Syracuse medical malpractice case, the plaintiff has the burden of proving his or case by a preponderance of the evidence. Often, a defendant (doctor, hospital, or other medical provider) will attempt to circumvent the usual trial practice by filing what is known as a summary judgment motion. Such…

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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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Hospital Employee’s Takedown of Mental Health Patient Was Intentional, Not Negligent; Thus Claim Was Time-Barred

In any Syracuse medical malpractice case, time is of the essence. When a claim is not filed within the time allowed by law, it is very difficult – and often impossible – to proceed with what might otherwise have been a good case. This is unfortunate, as the plaintiff’s suffering…

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New York Appellate Division Says Trial Court Was Wrong to Grant Summary Judgment on Liability as a Discovery Sanction in Medical Malpractice Case

A Syracuse medical malpractice lawsuit can take a long time to resolve. For starters, an investigation must be conducted, an expert must be retained, and suit must be filed – and that’s just to get the case started. As matters progress, the parties usually exchange discovery requests in order to…

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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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Late-Filing of New York Medical Malpractice Claim Permitted Under Relation-Back Doctrine

Those who have been hurt by a doctor, nurse, or hospital have a limited time in which to file a medical malpractice claim. Usually, claims not filed within this time period are dismissed by the court as untimely. However, there are a limited number of circumstances in which a late-filed…

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New York Court Holds that Defendants’ Failure to File Timely Answer Should Have Resulted in Default Judgment in Medical Negligence Case

Hopefully, everyone knows by now that there is a statute of limitations that places an outer limit on the time during which a Syracuse medical malpractice claim can be filed. While there are a few, very limited exceptions to this rule, most cases that are filed outside of this time…

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Appellate Court Affirms Defense Verdict in New York Medical Malpractice Case Against Medical Center

In a Syracuse medical malpractice case, there may be a single defendant, or there may be multiple defendants. It all depends upon the circumstances surrounding the alleged act of medical negligence. For example, in a case in which an individual was injured or died in (or after having been in)…

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