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Syracuse Personal Injury Law Blog

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New York Court Discusses Dismissal of Medical Malpractice Claims for Failure to Prosecute

People harmed by medical malpractice are often eager to litigate their claims. In some instances, though, a plaintiff will neglect to take action or move a case forward for several years. In such cases, the court may find it appropriate to dismiss the plaintiff’s claims for failure to prosecute. In…

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New York Court Discusses Notice Requirements in Medical Malpractice Cases Against Municipal Entities

Many facilities that provide medical care are operated by the state or federal government. While patients harmed by negligent medical care at such facilities have the right to seek compensation for their losses through medical malpractice claims, they must comply with certain notice requirements. If they fail to provide timely…

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Court Discusses the Tolling of the Statute of Limitations in New York Medical Malpractice Cases

People harmed by reckless health care providers have the right to seek compensation for their losses. They must do so in a timely manner, however, or their claims may be barred by the statute of limitations. While the statutory period may be tolled in some situations, a plaintiff bears the…

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New York Court Discusses Evidence Sufficient to Defeat Summary Judgment in Malpractice Cases

A motion for summary judgment is a procedural tool that defendants in medical malpractice cases often use in an effort to persuade the courts to dismiss the claims against them rather than allowing them to proceed to trial. The courts will only grant a summary judgment in cases in which…

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New York Court Discusses Establishing a Doctor’s Liability for a Patient’s Death

It is an unfortunate reality that a patient can visit a cardiologist, receive a clean bill of health, and subsequently suffer a fatal heart attack a few days later. In such instances, the inclination is most likely to believe that the cardiologist negligently performed its duties, and therefore should be…

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New York Court Discusses Municipal Liability for Car Accidents

Car accidents are generally caused, at least in part, by negligent driving. Other factors may cause or contribute to bringing about collisions as well, though. For example, if a road suffers from an unsafe design, it may increase the likelihood of crashes or increase the severity of injuries suffered in…

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New York Court Discusses Serious Injuries Pursuant to the No Fault Auto Insurance Law

New York is a no-fault insurance state. This means, in part, that a person hurt in a collision generally cannot recover damages from the party that caused the collision unless they demonstrate they suffered serious harm. In a recent New York ruling issued in a matter arising out of a…

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New York Court Discusses Grounds for Setting Aside a Verdict in a Medical Malpractice Case

Typically, parties in a medical malpractice case will settle their disputes prior to going to trial. If a matter is tried, however, issues of liability and damages will likely be assessed by a jury rather than a judge. While juries are tasked with assessing the evidence presented and making a…

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New York Court Discusses Summary Judgment in Medical Malpractice Cases

Children are, sadly, not immune from the consequences of incompetent medical care. Thus, if they suffer harm because of a medical mistake, their parents will often pursue medical malpractice claims on their behalf. While medical malpractice cases involving children differ from those involving adults in some key aspects, the burdens…

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New York Court Discusses Settling Medical Malpractice Cases

Medical malpractice trials can be costly and emotionally exhausting, and litigants run the risk that the judge or jury determining liability will rule against them regardless of how persuasive their evidence is. Thus, in many cases, it is prudent for a plaintiff in a medical malpractice case to settle their…

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