Negligence cases, including Syracuse medical malpractice claims, often come down to one or two basic issues. Did the defendant breach a standard of care owed to the plaintiff? Was this the proximate cause of the harm that he or she complains about in the lawsuit? Proving fault in professional negligence…
Syracuse Personal Injury Law Blog
New York Woman’s Medical Malpractice Case Arising from Misdiagnosis Partially Dismissed on Statute of Limitations Grounds
Timeliness is of the essence in a Syracuse medical malpractice lawsuit. If a claim is not filed within the time allowed by law, it will eventually be dismissed by the courts, regardless of its merits. Because of this, it is critically important that anyone who believes that they or a…
Summary Judgment in Favor of New York Doctor and Medical Practice Affirmed – Court Hints Result Might Have Different if Autopsy Had Been Performed
Perhaps the most important thing that a patient should know about a Syracuse medical malpractice case is that, if something goes wrong and he or she feels the need to sue a medical provider for negligence, it is the patient who bears the burden of proof. This is true even…
New York Court Agrees that Summary Judgment Was Not Warranted in Multi-Car Crash
Car accidents can happen in so many ways – head on collisions, T-bones, and rear-end wrecks, just to name a few. Some Syracuse car accidents result from “chain reaction” or “multi-vehicle” crashes in which not just one or two but potentially several vehicles are involved. The challenge in any accident…
New York Appellate Tribunal Finds No Reason to Disturb Trial Court’s Entry of Jury’s Verdict for the Defendant in Medical Malpractice Case
When a Syracuse medical malpractice case is tried to a jury, one party or the other will likely be unhappy with the jury’s verdict. After all, if the parties were in agreement about the issues of the case, there likely would have been a settlement rather than a trial. The…
New York Woman’s Medical Malpractice Claim Against Public Hospital Corporation Fails Due to Failure to File Timely Notice of Claim
Most people have heard of statutes of limitation. These important rules govern the time for filing a claim for some type of wrong, such as a Syracuse medical malpractice suit. If the claim is not timely filed, most likely the injured party will never have his or her day in…
Appellate Tribunal Explores New York Law with Respect to Supplemental Uninsured/Underinsured Motorist (SUM) Insurance Coverage
In evaluating the potential value of a Syracuse car accident claim, there are several considerations. What were the nature and extent of the plaintiff’s physical injuries? How much were his or her medical expenses? What about lost wages or loss of future income due to permanent disability? These factors help…
Medical Malpractice Case Dismissed by New York Court, Despite Plaintiff’s Attempt to Provide Additional Experts’ Affidavits
In most types of civil lawsuits, including a Syracuse medical malpractice lawsuit, it is the plaintiff who has the burden of proof. This means that plaintiff must investigate and litigate the case in such a manner as to provide proof of the duty of care that applied under the circumstances,…
New York Court Dismisses Injured Man’s Claim Accusing Hospital of Negligence and Other Wrongs Following Delay in Therapy Treatment
Timely access to healthcare can sometimes be a “life or death” matter; if the patient does not get prompt medical attention, he or she will die or suffer great physical harm. More often, however, a brief delay in care will have a much less severe outcome on the patient’s health.…
New York Court Says Question of Fact Precluded Summary Judgment to Town in Motorcycle Accident Case
In addition to proving that the defendant owed the plaintiff a legal duty of some sort and that this duty was breached in some manner, the plaintiff in a Syracuse motorcycle accident case must also be able to prove that this breach of duty was the proximate cause of the…