Not all doctors are held to the same standard of care. For example, it would probably be difficult to hold a podiatrist liable for failing to diagnose an abscessed tooth in a Syracuse medical malpractice case, even if the podiatrist was the only medical professional that the patient had seen…
Articles Posted in Medical Malpractice
Infant Could Not File Late Notice of Malpractice Claim Against New York Hospital
Generally speaking, a claim for medical malpractice must be filed within two and one-half years (30 months) of an alleged act of medical negligence in the state of New York. While some circumstances can operate to lengthen the time for filing a claim, other circumstances can shorten the period substantially.…
New York Appellate Court Reviews Chiropractic Malpractice Case Involving Multiple Defendants, One of Whom Entered Into an Arbitration Agreement
Syracuse medical malpractice lawsuits involving multiple defendants can be complex. The plaintiff’s case against some of the defendants may be stronger or weaker than his or her case against the others, possibly leading to quicker and more effective settlement negotiations against one or more of the health care providers against…
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…
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…
New York Appellate Court Affirms Summary Judgment to Defendants in Prostate Cancer Case
A Syracuse medical malpractice lawsuit can arise in many different ways. Sometimes, a claim of negligence involves an affirmative act taken by a doctor, such as operating on the wrong limb or leaving behind a piece of medical equipment in a patient’s abdominal cavity. Medical malpractice can also happen when…
New York Woman’s Failure to Put Doctor on Notice of 2011 Malpractice Claim Resulted in Partial Summary Judgment to Physician
In a New York medical malpractice lawsuit, the plaintiff has the burden of proof. This means that he or she must be able to produce appropriately convincing evidence that the defendant(s) violated the standard of care owed to the plaintiff and that this was the proximate cause of the damages…
Appellate Court Affirms Denial of Summary Judgment in New York Medical Malpractice Case
When a doctor or other healthcare professional makes an error, serious consequences, including personal injury and wrongful death, can occur. In order to assert a claim against an allegedly negligent healthcare provider in a medical malpractice lawsuit, the plaintiff must be prepared to introduce evidence of the standard of care…
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…
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…