A delayed cancer diagnosis can be very costly to a patient. Lost time can greatly impact a patient’s treatment options and ultimate chance of recovery. When this happens, the patient or his or her family may have the option of filing a Syracuse medical malpractice lawsuit against the physician whose…
Syracuse Personal Injury Law Blog
In Medical Malpractice Case Asserting Failure to Diagnose Liver Cancer, Summary Judgment Denied by New York Court
Syracuse Medical malpractice cases can involve many different claims, including a failure to diagnose allegation. When a plaintiff asserts a failure to diagnose claim, he or she is not saying that it is necessarily the doctor’s fault that that patient contracted the illness but that, because of a delay in…
New York Woman’s Surgical Malpractice Case Should Not Have Been Dismissed on Summary Judgment
Motions for summary judgment are common in Syracuse medical malpractice cases. Summary judgment is a pre-trial procedure in which one party or the other (but usually the defendant) asks the court to award judgment to that party on the basis that there are no genuine issues of material fact on…
New York Woman’s Medical Malpractice Case Against Hospital and Others Dismissed on Appeal
Each Syracuse medical malpractice case rests on its own unique set of facts. In some cases, it is alleged that a doctor failed to make a proper medical diagnosis and that a patient was harmed or died as a result. Other cases pertain to procedures that were allegedly carried out…
New York Court Considers Appropriateness of Verdict in Favor of Woman Who Was Injured in Incident at Mall
Tragedy can strike in just a moment. One minute, someone is driving down the road, going in for a routine medical procedure, or even standing in the parking lot of a mall, and the next minute their life is changed forever. When someone is hurt because of another’s failure to…
New York Appellate Tribunal Rejects Snow and Ice Cleaning Contractor’s Request for Summary Judgment in Slip and Fall Lawsuit
Property owners are not liable for every injury that happens on their premises. For instance, it would be unlikely that liability would lie with a property owner in a Syracuse premises liability lawsuit in which a passerby was struck by a limb blown down by tornadic or hurricane-force winds. However,…
New York Mother and Infant’s Birth Injury Medical Malpractice Case Survives Multiple Motions for Summary Judgment
A Syracuse medical malpractice claim can arise from many different situations. While the majority of such cases involve the care, diagnosis, and treatment of adults, medical negligence can also happen during the treatment of minors. In addition to pediatric malpractice, birth injury malpractice claims against obstetricians and similar providers are…
New York Court Affirms Dismissal of Medical Malpractice Claim on Statute of Limitations Grounds
It is frequently said that “time is of the essence” when it comes to medical malpractice lawsuits in New York, especially those involving governmental entities. While it is certainly true that Syracuse medical malpractice claims should be made in a timely fashion in order to have a reasonable chance of…
New York Court Agrees That Plaintiff’s Car Wreck Case Failed to Meet Exception to No-Fault Statute
The state of New York is considered a “no-fault” state for insurance purposes. This means that, unless a driver or passenger who is hurt in a Syracuse car accident falls under a limited number of exceptions set forth under state law, he or she cannot recover money damages from the…
Because of Lack of Constructive Notice, Dismissal of Premises Liability Case is Affirmed on Appeal by New York Court
Property owners and those that own businesses have certain obligations to the public. While stores, restaurants, and shops aren’t the insurers of every individual who sets foot on their premises, they do have a responsibility to take reasonable measures to prevent harm to others. In many cases, the resolution of…