Expert testimony is essential in a medical malpractice case, and without it, a plaintiff most likely cannot establish liability or damages. As such, if the court refuses to allow a plaintiff’s expert to testify, it will most likely cripple their case. While there may be grounds for precluding some of…
Syracuse Personal Injury Law Blog
Establishing Medical Malpractice Under New York Law
When a patient suffers harm after receiving medical care, their inclination may be to seek compensation from the provider that they believe caused their harm. Merely because a plaintiff sustained injuries does not mean that they will be able to establish that their losses were caused by medical malpractice, though.…
New York Court Explains Vicarious Liability in Medical Malpractice Cases
Patients that receive inadequate care in a hospital emergency room and suffer harm as a result may be able to pursue medical malpractice claims against both the hospital and the doctors that rendered their care. Whether a hospital will be deemed vicariously liable for a patient’s harm depends on numerous…
New York Court Explains Establishing That a Medical Malpractice Verdict Should be Set Aside
Typically, a plaintiff in a medical malpractice case will submit their claims to a judge rather than a jury. There is always a risk that a jury could issue a ruling that does not comport with the evidence presented, but in such instances, the law allows a party to move…
Court Explains the Shifting Burdens of Proof in New York Medical Malpractice Cases
A patient that seeks emergency care in a hospital and subsequently suffers a loss of a limb or other critical harm may have grounds for pursuing medical malpractice claims against the hospital and its doctors. Defendants in medical malpractice cases rarely concede liability, however, regardless of the gravity of the…
Court Discusses the Serious Injury Threshold in New York Car Accident Cases
Pursuant to New York’s no-fault insurance law, people can only file civil claims for damages if they sustain serious injuries in a motor vehicle collision. As such, regardless of whether a party caused a car crash, they will not be deemed liable for damages unless the plaintiff can meet the…
New York Court Discusses Liability for Three-Car Collisions
When drivers do not leave adequate room between their vehicles and the cars in front of them, they run the risk of causing a rear-end collision. In some instances, rear-end collisions have chain effects, causing a multi-car pile-up. Typically, however, the driver of the middle vehicle in a three-car accident…
Court Discusses Establishing Fraud Under New York Law
Technological advances generally make cars increasingly safer and easier to drive. When such technology fails, though, it can have disastrous consequences. When a vehicle’s anti-collision technology does not operate as the manufacturer indicated it should, it may provide a basis to pursue claims against the manufacturer. While some claims may…
New York Court Explains Comparative Fault in Car Accident Cases
Typically, when a rear-end collision occurs, the second driver is deemed at fault. There are some exceptions, however, that would allow for the imposition of some degree of liability on the driver of the vehicle that was struck. One exception was recently discussed in an opinion issued by a New…
New York Court Discusses Federal Jurisdiction Over State Law Medical Malpractice Claims
It is not uncommon for people harmed by incompetent medical treatment to suffer other injuries at the hands of the parties responsible for their care. As such, they may assert medical malpractice claims along with other causes of action in a single lawsuit, usually in federal court. Federal courts have…