When a Syracuse medical malpractice case is tried to a jury, one party or the other will likely be unhappy with the jury’s verdict. After all, if the parties were in agreement about the issues of the case, there likely would have been a settlement rather than a trial. The…
Articles Posted in Medical Malpractice
New York Woman’s Medical Malpractice Claim Against Public Hospital Corporation Fails Due to Failure to File Timely Notice of Claim
Most people have heard of statutes of limitation. These important rules govern the time for filing a claim for some type of wrong, such as a Syracuse medical malpractice suit. If the claim is not timely filed, most likely the injured party will never have his or her day in…
Medical Malpractice Case Dismissed by New York Court, Despite Plaintiff’s Attempt to Provide Additional Experts’ Affidavits
In most types of civil lawsuits, including a Syracuse medical malpractice lawsuit, it is the plaintiff who has the burden of proof. This means that plaintiff must investigate and litigate the case in such a manner as to provide proof of the duty of care that applied under the circumstances,…
New York Court Dismisses Injured Man’s Claim Accusing Hospital of Negligence and Other Wrongs Following Delay in Therapy Treatment
Timely access to healthcare can sometimes be a “life or death” matter; if the patient does not get prompt medical attention, he or she will die or suffer great physical harm. More often, however, a brief delay in care will have a much less severe outcome on the patient’s health.…
New York Trial Court Lacked Jurisdiction to Set Aside Settlement Following Stipulation of Dismissal
Under New York law, there are many different types of professional malpractice. For instance, a Syracuse medical malpractice case may assert that a doctor or hospital failed to follow the standard of care for a surgical procedure, or the issue may pertain to an allegedly inaccurate diagnosis or failure to…
Despite Drug Treatment Center’s Hiring of Employee with Multiple Criminal Convictions, New York Appellate Division Finds Summary Judgement in Negligence Case Was Appropriate
There are a seemingly endless variety of ways in which a medical provider’s neglect and lack of concern for patient safety can lead to a Syracuse medical negligence case. In addition to cases involving a doctor’s failure to diagnose a serious illness within a reasonable amount of time or a…
New York Appellate Tribunal Rules that Plaintiff’s Proffered Expert Testimony Was Properly Excluded in Medical Malpractice Case
One of the major differences in a Syracuse medical malpractice lawsuit and other types of negligence cases is the requirement that the plaintiff provide testimony from one or more expert witnesses. In almost all medical malpractices cases, a doctor or other healthcare professional must be willing to testify on the…
New York Trial Court Was Correct in Denying Motion to Vacate Dismissal of Medical Malpractice Case Due to Failure to Appear, According to Reviewing Court
Reaching a successful verdict or favorable settlement in a Syracuse medical malpractice case is not easy. In addition to the factual requirements (which, at least to a large degree, must be presented through the testimony of expert witnesses) of proving such a claim, there are many procedural steps that must…
Denial of Summary Judgment in Medical Negligence Case Upheld on Appeal by New York Court
In a Syracuse medical malpractice lawsuit, the burden of proof is on the plaintiff. This means that he or she must be able to prove the elements of professional negligence, including a deviation from the acceptable standard of care and proximate causation between this breach of care and the injuries…
New York Court Finds That Summary Judgment Was Erroneous in Birth Injury Malpractice Case
While mothers and infants generally fare much better during labor and delivery than they did in years past, Syracuse birth injuries still happen regularly. Obstetricians, anesthesiologists, nurses, and others are quick to point out that complications can arise even when healthcare workers “do everything right.” However, these medical workers are…