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Syracuse Personal Injury Law Blog

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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.…

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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…

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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:…

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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…

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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…

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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…

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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…

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New York Court Rejects Motorist’s Request for Summary Judgment Based on Emergency Doctrine in Car Crash Case

The basic question in a Syracuse care accident case is, did the defendant act reasonably under the circumstances? In deciding this issue, the trier of fact is usually given as much information as possible about the circumstances leading up to the collision. If the defendant was confronted with some type…

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New York Appellate Division Rules Against Hip Surgery Patient Who Allegedly Had Recurrent MRSA Infection Following Surgery

A Syracuse hospital malpractice case may be based on one or several alleged breaches of the duty of care towards a patient. Failing to properly diagnose and treat an infection is one possible issue that could arise in such a case. In order to prove negligence against a medical provider,…

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Appellate Tribunal Says New York Trial Court Acted Appropriately in Entering Judgment on Defense Verdict in Car Accident Case

Filing a Syracuse car accident lawsuit is just one of many steps towards recovering fair compensation for medical costs, lost earnings, and other losses caused by a negligent driver. Because New York is a “no-fault” state, there are certain thresholds that must be met in order for the plaintiff to…

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