One of the first questions that must be dealt with in a Syracuse medical malpractice case is that of jurisdiction. This is usually a fairly straightforward issue, as the plaintiff and his or her physicians or other attendant medical personnel typically all reside within the state in which the allegedly…
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…
Birth injuries caused by negligence during childbirth and delivery are, unfortunately, quite common. Just like surgeons and general practitioners, obstetricians and pediatricians sometimes make mistakes, and both mother and child can suffer serious, sometimes even fatal, consequences. As with other types of Syracuse medical malpractice lawsuits, the plaintiff has the…
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…
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,…
Syracuse medical malpractice lawsuits often come down to a “battle of the experts.” Sometimes this happens during the pre-trial phase, in which the parties submit their respective expert witnesses’ statements in support of, or in opposition to, a motion by the defendant(s) for judgment as a matter of law. Unless…
In a Syracuse medical malpractice case, there are many steps between the act of negligence and a settlement or judgment in favor of the patient (or, if the patient died as a result of the malpractice, his or her family). One of the first steps is a review of the…
Sometimes a doctor or other medical provider will attempt to avoid a finding of liability in a Syracuse medical malpractice lawsuit by claiming that he or she did not exercise any independent medical judgment in the care and treatment of the patient. If a physician was truly just passing through…
Most medical procedures come with some degree of risk. Patients are supposed to be informed of both the potential risks and benefits of a given procedure prior to giving their consent. When a physician fails to obtain informed consent, or if the doctor deviates from the standard of care and…
In order to successfully maintain a Syracuse medical malpractice lawsuit, the burden of proof is on the plaintiff to provide evidence that the defendant breached the standard of care that applied to the particular situation at hand and that this breach was the proximate cause of any damages for which…