Generally, defendants in medical malpractice actions must set forth all of their affirmative defenses in their answer to the plaintiff’s complaint, and if they do not, they waive the right to assert them. Typically, though, a defendant that failed to include all their affirmative defenses in a response can seek…
Motions for summary judgment are common in Syracuse medical malpractice cases. Summary judgment is a pre-trial procedure in which one party or the other (but usually the defendant) asks the court to award judgment to that party on the basis that there are no genuine issues of material fact on…
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…
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…
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…
Those who have been hurt by a doctor, nurse, or hospital have a limited time in which to file a medical malpractice claim. Usually, claims not filed within this time period are dismissed by the court as untimely. However, there are a limited number of circumstances in which a late-filed…
In a Syracuse medical malpractice case, the plaintiff is usually the person who was the victim of a doctor or hospital’s negligence. However, sometimes an act of medical negligence is so severe that it results in a patient’s death. In such a situation, there is still the possibility of a…
In a Syracuse medical malpractice case, the plaintiff has the burden of proving that he or she suffered personal injury as a proximate result of the defendant’s negligence. Medical negligence cases are often filed against doctors, but they may also be filed against other healthcare providers, including hospitals and other…
While butt-lifts have quickly become one of the most popular cosmetic procedures in the United States, the surgery can be extremely dangerous. If you have experienced harm due to a plastic surgeon’s negligence in performing a butt-lift, you need to reach out to a trusted Syracuse surgery malpractice attorney. At…
Surgeons have an obligation to use the utmost care when performing a procedure. Sadly, this does not always happen. If you or a loved one has suffered injury due to a surgeon’s carelessness, error or misconduct, our trusted Syracuse surgical malpractice attorneys can help you seek the justice and compensation…