In New York medical malpractice cases, it is not uncommon for a defendant to seek dismissal prior to trial. In most instances, they will do so by filing a motion asking the court to grant summary judgment in their favor. If they meet their evidentiary burden with regards to the…
Unfortunately, mistakes made during relatively low-risk medical procedures can cause devastating harm. Even in cases in which liability seems clear, however, defendants in medical malpractice cases will often deny that they caused the plaintiff to suffer harm and will seek dismissal via a motion for summary judgment. While the courts…
Most plaintiffs pursuing medical malpractice claims will rely on a jury rather than a judge to decide issues of liability and damages. As juries are comprised of human beings, though, they are not immune to mistakes, and in some cases, they fail to rule in accordance with the evidence. Luckily,…
Many medical treatments carry some degree of risk. As such, doctors must fully advise patients of the potential side effects and adverse consequences of a treatment so that the patient can make an educated decision regarding whether to proceed. If a doctor fails to do so, they may be liable…
The New York legislature is wary of people filing medical malpractice lawsuits and then delaying the resolution of their claims. As such, it drafted a statute that allows defendants to compel a plaintiff to move a case forward within 90 days, otherwise, it may be dismissed. Defendants cannot use the…
In most Syracuse personal injury cases, the plaintiff will allege that the defendant acted negligently. Merely proving negligence is not sufficient to demonstrate liability, though. Instead, a plaintiff must establish that the defendant’s negligence proximately caused their harm, and if they do not, their claims may fail. This was demonstrated…
Expert testimony is essential in New York medical malpractice cases. Specifically, the success of a plaintiff’s claims may hinge on the strength of their expert’s opinion. Similarly, defendants often rely on expert opinions in support of their assertion that they should not be deemed liable for the plaintiff’s harm. In…
When rear-end collisions occur, it is presumed that the party that struck another motorist from behind is at fault. The second motorist can refute this presumption by producing evidence showing a non-negligent reason for the crash. If they cannot, however, judgment should be granted in favor of the plaintiff as…
If a person suddenly dies shortly after a medical procedure, their surviving family members may be inclined to think their demise was caused by incompetent medical care. Belief alone is not sufficient to establish liability for medical malpractice, however. In other words, a plaintiff must produce sound evidence showing that…
In many medical malpractice cases, the plaintiff can pinpoint the precise acts that led to their harm. In some matters, though, the plaintiff will rely on the fact that the harm they suffered would not have occurred absent negligence, in support of their assertion that the defendant committed medical malpractice.…