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Syracuse Personal Injury Law Blog

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New York Court Distinguishes Medical Malpractice from Ordinary Negligence

Medical professionals have an obligation to provide their patients with competent care. If they neglect to do so, thereby causing their patients harm, it may constitute medical malpractice. Not all injuries that occur in the context of medical care constitute medical malpractice, however. In a recent New York opinion, a…

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New York Court Discusses Strict Liability for Defective Products

Car manufacturers are supposed to take measures to ensure that the vehicles they produce are safe for their intended use. All too frequently, however, latent design and manufacturing defects make products dangerous. In many instances, such defects lead to accidents that cause catastrophic injuries. In such cases, the manufacturer may…

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New York Court Discusses Liability for Injuries Sustained from COVID-19 Treatment

People throughout New York sought treatment for COVID-19 during the pandemic. While many people received appropriate care, some did not and ultimately developed injuries due to the carelessness of their treatment providers. Whether people who sustained such losses can recover compensation via medical malpractice claims depends, in part, on whether…

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New York Court Discusses Timeliness of Medical Malpractice Actions

Pursuant to New York law, people injured by negligent medical care have the right to pursue medical malpractice claims against the providers responsible for their harm. They must act promptly, though, as if they fail to pursue their claims within the statute of limitations, they may be dismissed, as demonstrated…

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Court Explains Establishing Causation in New York Medical Malpractice Cases

In New York medical malpractice cases, a plaintiff must prove not only that the defendant failed to uphold the applicable standard of care but also that the defendant’s departure from the standard of care caused the plaintiff’s harm. In other words, the failure to demonstrate causation is typically fatal to…

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New York Court Discusses Civil Immunity for Non-Profit Organizations

Non-profit organizations regularly hold functions for members and patrons. People attending such events typically expect them to be safe. Unfortunately, though, it is not uncommon for incidents to occur during non-profit social events, and in many instances, they are the result of negligence. While there are laws that protect non-profit…

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New York Court Discusses Evidence of Lack of Informed Consent

Doctors have an obligation to not only provide their patients with competent care but also to advise them of their treatment options and the potential benefits and disadvantages of each choice. If a doctor fails to adequately inform a patient of the risks of a procedure and the patient subsequently…

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