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Articles Posted in Medical Malpractice

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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…

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New York Woman’s Medical Malpractice Claims Against Out-of-State Medical Providers Dismissed for Lack of Jurisdiction

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…

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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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Summary Judgment to Ambulance Company Affirmed by New York Appellate Tribunal

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…

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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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Dismissal of Medical Malpractice Case Brought by Family Following Patient’s Death from Stroke and Heart Attack Affirmed by New York Court of Appeals

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…

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Appellate Court Finds That Summary Judgment Was Improper When New York Doctor Did Exercise Independent Medical Judgment

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…

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New York Court Reverses Summary Judgment for Anesthesiologist in Shoulder Injury Case

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…

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