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…
Syracuse Personal Injury Law Blog
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…
Internal Medicine Physician Should Have Been Granted Summary Judgment in Medical Malpractice Case, Says New York Appellate Court
Not every physician or healthcare provider is held to the same standard of care. For instance, in a Syracuse medical malpractice case, a doctor specializing in internal medicine is not necessarily expected to have the same knowledge or skill as one who works primarily in the field of physical therapy.…
New York Appellate Division Affirms Denial of Summary Judgment to Store Owner in Premises Liability Suit
Property owners have certain duties to the general public, especially those who come upon their premises for a business purpose (such as a customer shopping in a store). When the landowner or property manager does not maintain a place of business in a reasonably safe manner, a person injured thereby…
New York Appellate Division Affirms Large Verdict in Birth Injury Medical Malpractice Case
A patient can be the victim of medical negligence at any time in his or her life. Sometimes, nursing homes fail to meet the standard of care, and an elderly patient suffers as a result. At the other end of the spectrum, some Syracuse medical malpractice cases happen much earlier:…
Summary Judgment Reversed in New York Medical Malpractice Claim Pertaining to Testicular Injury
We depend heavily upon the expertise of doctors and hospital personnel to properly diagnose and treat our medical conditions, illnesses, and injuries. Most of the time, they do, and we are grateful for their help. Sometimes, however, mistakes are made, and the patient suffers great physical harm, pain, and suffering…
New York Court Says Motorist Should Have Been Awarded Summary Judgment in Passenger’s Personal Injury Suit
A Syracuse car accident can happen in just a few seconds, changing the course of a crash victim’s life in ways from which he or she may never recover. Expensive medical treatment, time off from work, and travel costs back and forth to the doctor can be financially devastating. It…
New York Appellate Tribunal Dismisses Mother’s Medical Malpractice Case Asserting Anesthesiology Error During Labor
Syracuse medical malpractice cases often come down to a “battle of the experts.” The case begins with the plaintiff’s medical professional witness testifying that the defendant failed to follow the standard of care and, as a result, harmed the patient. The defendant then puts his or her own expert witness…
New York County Was Proper Venue for Medical Malpractice Lawsuit, Despite Defendant’s Objection
One of the first considerations in filing a Syracuse medical malpractice lawsuit is the proper party or parties to name as defendants. Another important issue that may need to be addressed is the correct court for purposes of jurisdiction and/or venue. When a defendant disagrees with the plaintiff’s choice of…