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Articles Posted in Hospital Negligence

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New York Appeals Court Agrees that Parents Should Have Been Given Leave to File Late Notice of Child’s Birth Injury Medical Malpractice Claim

Those who have suffered personal injuries or a loved one’s wrongful death have only a limited time in which to file a Syracuse medical malpractice lawsuit. This includes situations in which the victim of the alleged medical negligence is a minor child. If your family has been hurt by a…

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New York Appellate Court Affirms $1 Million Verdict in Hospital Negligence Lawsuit

About two out of five Americans take at least one prescription medication these days. While most of these medications are at least somewhat beneficial to the patient taking them, each comes with a list of possible side effects. When a patient is admitted to a hospital, personnel should be careful…

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New York Court Refuses to Give Adverse Inference Instruction to Jury for Defendant’s Alleged Spoliation of Evidence in Medical Malpractice Lawsuit

The plaintiff in a Syracuse medical malpractice case has the burden of proving each and every element of his or her case. Oftentimes, the plaintiff must obtain much of the evidence of his or her claim from one or more of the defendants against whom he or she has filed…

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Summary Judgment to Hospital in Medical Malpractice Suit Based on Failure to Timely Diagnose Was Reversible Error According to New York Appellate Court

In some Syracuse medical malpractice lawsuits, the allegation is that a defendant doctor or hospital failed to make a correct diagnosis within a reasonable amount of time under the circumstances. A delay in treating a medical condition can result in significant harm and even death to a patient. When a…

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New York Court Upholds Dismissal of Malpractice Claim As Untimely

When it comes to personal injury and wrongful death litigation, time is of the essence. If a New York medical malpractice lawsuit is not filed on within the statute of limitations, it has very little chance of ever being considered upon its merits. There may be other deadlines that require…

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New York Medical Malpractice Case Involving Finger Amputation Survives Motion for Summary Judgment

When it comes to issues in a New York medical malpractice lawsuit, the burden of proof is on the plaintiff to prove, by a preponderance of the evidence, that the defendant’s deviation from the applicable standard of care was the proximate cause of his or her damages. In many medical…

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New York Appellate Court Says Medical Malpractice Case Should Not Have Been Dismissed, Despite Failure to Depose Doctor According to Discovery Schedule

Filing a Syracuse medical malpractice lawsuit is a complex endeavor that requires strict compliance to a great many procedural rules. While there may be limited instances in which compliance with a particular requirement may be excused under the circumstances of a given case, this is by far the exception rather…

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New York Appellate Division Grants Summary Judgment to Hospital in Case Alleging Bedsore Was Caused by Medical Negligence

Medical malpractice is rampant in New York and elsewhere in the country. However, unless an injured person (or the estate of a deceased patient) files a timely complaint for medical negligence and is able to offer proof from a competent medical expert witness regarding the standard of care and the…

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New York Court Reverses Spoliation Sanctions Against Medical Center Following Alleged Malfunction of Opioid Medication Pump

It is not unusual for a New York medical malpractice lawsuit to evolve into multi-faceted litigation involving several defendants and multiple theories of liability. For instance, a medical negligence lawsuit against a doctor or hospital could, under certain circumstances, grow to include a possible product liability lawsuit against the maker…

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Can You Sue a Syracuse Medical Professional for an Opioid Addiction?

Opioid addiction can have deadly consequences for a patient. If you or a loved one has been hurt or someone you love has passed away due to an opioid overdose, you may have legal rights. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice lawyers can examine your case and…

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