Usually, when someone is hurt at work, they are limited to the benefits available to them under the applicable workers’ compensation laws. Occasionally, however, the facts are such that a separate case, such as a Syracuse automobile accident lawsuit, might be possible, as well. For example, if someone is hurt…
Syracuse Personal Injury Law Blog
Summary Judgment on Issue of Bus Driver’s Liability Was Erroneous, According to Reviewing New York Court
Syracuse car accident cases often come down to the question of which party (or, sometimes, which eyewitness) to believe. If one party says he was rear-ended while stopped at a traffic light and this testimony is unopposed, he or she may be granted partial summary judgment; in such a situation,…
New York Appellate Tribunal Agrees with Lower Court That Doctor’s Motion for Dismissal for Failure to Comply with Discovery Was Properly Denied
In a New York medical malpractice case, there is a strong preference that matters be determined on their merits. This means, among other things, that such a case is rarely dismissed for failure to comply with discovery requests during the litigation process. Generally speaking, the courts prefer to use less…
Court Refuses to Grant Bifurcated Trial in Medical Malpractice Lawsuit in New York
Syracuse Medical malpractice cases tend to involve multiple parties and a myriad of legal issues. Typically, all of the patient’s claims are tried in the same trial, complicated though it may be. Occasionally, however, either the patient or the medical provider may ask that the issues be severed and that…
Summary Judgment Should Have Been Granted to Some Defendants in New York Man’s Medical Malpractice Case Arising from Failure to Diagnose Malaria
In a Syracuse medical malpractice case, the plaintiff has the burden of proving that the defendant medical provider breached the applicable standard of care. This standard must be determined on a case-by-case basis because not every doctor, nurse, or medical clinic owes a patient the same duty. For instance, physicians…
New York Appellate Tribunal Reviews Reasonableness of Jury’s Award for Pain and Suffering in Car Accident Case
In most Syracuse car accident cases that are not settled prior to trial, the amount of money damages to which an injured person is entitled is a matter to be determined by the jury. There are multiple factors to be considered in assessing the amount due, and the jury does…
New York Appellate Tribunal Affirms Summary Judgment to Medical Providers in Case Involving Stroke Following Surgery
The medical condition known as a “stroke” occurs when there is poor blood flow to the brain. Suffering a stroke can result in debilitating personal injuries and even death. High blood pressure is one of the main risk factors for strokes. If a doctor’s negligence causes a patient to suffer…
New York Woman’s Medical Malpractice Case Against Gynecologist Following Complications from Sterilization Survives Summary Judgment Motion
Most Syracuse medical malpractice lawsuits revolve around the issue of whether the defendant healthcare provider deviated from the standard of care that applied to the plaintiff’s medical treatment and/or whether any such deviation was the proximate cause of the plaintiff’s injuries or death. This is not always the only potential…
Summary Judgment Denied by New York Court Following Accident Involving Disabled School Bus
A Syracuse school bus accident case begins with the question of whether the defendant owed a particular duty of care to the plaintiff. Sometimes, the duty in question was specific (like the duty to drive no faster than a certain speed in a school zone in which children are present),…
Denial of Summary Judgment on Continuing Treatment Exception Affirmed on Appeal by New York Court
In some Syracuse medical malpractice cases, there is but a single defendant. This could be a family doctor who ignored a patient’s symptoms of a life-threatening emergency medical condition, resulting in the patient’s death, or it could be a surgeon who negligently left medical instruments inside a patient’s body, resulting…