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…
Articles Posted in Wrongful Death
New York Court Reverses Lower Tribunal’s Order Disqualifying Attorney for Estate of Deceased Alleged Medical Malpractice Victim
Syracuse medical malpractice lawsuits can have multiple complications, especially when the alleged act of medical negligence resulted in a loved one’s death. Part of the reason for this is that the actual plaintiff in such a case is the deceased person’s estate – not his or her survivors. Although family…
New York Appellate Division Affirms Denial of Summary Judgment in Medical Malpractice Wrongful Death Suit
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…
Malpractice Lawsuit Filed by Doctor’s Family Can Proceed Against Dialysis Center, Says New York Appeals Court
A Syracuse medical malpractice case can affect many different types of people and their families. Even a medical doctor can be the victim of an act of medical negligence, when that doctor is a patient relying upon the advice of others. Of course, in such a case, it is likely…
New York Court Allows Plaintiff in Car Accident Case to File Otherwise Untimely Claim Based on “Relation Back”
Timeliness is very important in a New York automobile accident case. If a claim is not filed within the statute of limitations, there is a strong likelihood that it will be dismissed by the court on procedural grounds. However, there are a few – a very few – exceptions to…
Van Hits Seven Pedestrians, Kills One in Manhattan
If you have lost a loved one in an unexpected accident, you may be able to sue the at-fault party for compensation. While no amount of money can undo the pain of losing someone close to you, making a financial recovery can help you deal with the expenses that often…
Brain injury basics
Last week we talked about some recent changes the National Collegiate Athletic Association made to its rules for college football. These changes have already decreased the number of concussions sustained by collegiate players but, like any contact sport, football still carries its share of risks. A traumatic brain injury (TBI)…