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Syracuse Personal Injury Law Blog

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New York Court Looks at What Constitutes a Deviation from the Standard of Care in a Medical Malpractice Case

Patients typically rely on doctors to not only manage and treat existing medical conditions but also to prevent new conditions from arising. Unfortunately, doctors do not always take the measures necessary to prevent their patients from developing critical illnesses, which can lead to irreparable harm. It may also constitute grounds…

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Court Examines Proof Needed to Show a Doctor Departed from the Standard of Care

Many people suffer from chronic conditions that they manage through medication. While many drugs have side effects, they are often outweighed by their benefits. If a patient cannot withstand the side effects of a medication, though, their physician may choose another course of care. There are risks associated with stopping…

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Court Discusses Liability Under New York’s Scaffold Law

Generally, people who suffer harm in the workplace cannot pursue personal injury claims against their employers and instead are limited to recovering workers’ compensation benefits. They can seek damages from other parties that may be responsible for their harm, however. Further, in some instances, the law allows for the absolute…

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New York Court Discusses Federal Jurisdiction over Medical Malpractice Claims

People aggrieved by medical malpractice generally have the right to pursue claims in the forum of their choosing. There are limits to that right, though. Among other things, they can only present their claims to a court if they are within the court’s jurisdiction. If the court finds that a…

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New York Court Discusses Procedural Requirements in Medical Malpractice Cases

People who lose loved ones due to ineffectual medical care have the right to pursue medical malpractice and wrongful death claims against the providers responsible for their losses. In doing so, however, they must comply with any applicable procedural rules or laws; otherwise, their claims may be dismissed. This was…

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New York Court Discusses Expert Qualifications in Medical Malpractice Cases

Most doctors undergo training for their specialty and have little experience working in other areas. This does not mean that a doctor can only offer expert testimony in medical cases involving the precise area of their practice, however. Instead, as shown in a recent New York opinion, a doctor can…

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Court Discusses Demonstrating Proximate Cause in New York Medical Malpractice Cases

Although doctors have an obligation to provide their patients with competent care, it is not uncommon for a doctor to make mistakes during the treatment of a patient. While medical negligence may provide grounds for pursuing a medical malpractice claim, a careless physician will only be held accountable if their…

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