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Syracuse Personal Injury Law Blog

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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…

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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…

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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,…

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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.…

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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…

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New York Trial Court Lacked Jurisdiction to Set Aside Settlement Following Stipulation of Dismissal

Under New York law, there are many different types of professional malpractice. For instance, a Syracuse medical malpractice case may assert that a doctor or hospital failed to follow the standard of care for a surgical procedure, or the issue may pertain to an allegedly inaccurate diagnosis or failure to…

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New York Court Agrees that Summary Judgment to Manufacturer of Mixer-Grinder Was Appropriate in Butcher’s Product Liability Case

A Syracuse product liability case may involve one defendant, two defendants, or a long list of defendants. There may be a single theory of liability, or there may be multiple claims involving a myriad of legal theories. One thing that is common to all product liability claims is that they…

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Despite Drug Treatment Center’s Hiring of Employee with Multiple Criminal Convictions, New York Appellate Division Finds Summary Judgement in Negligence Case Was Appropriate

There are a seemingly endless variety of ways in which a medical provider’s neglect and lack of concern for patient safety can lead to a Syracuse medical negligence case. In addition to cases involving a doctor’s failure to diagnose a serious illness within a reasonable amount of time or a…

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New York Appellate Tribunal Rules that Plaintiff’s Proffered Expert Testimony Was Properly Excluded in Medical Malpractice Case

One of the major differences in a Syracuse medical malpractice lawsuit and other types of negligence cases is the requirement that the plaintiff provide testimony from one or more expert witnesses. In almost all medical malpractices cases, a doctor or other healthcare professional must be willing to testify on the…

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New York Car Accident Involving Multiple Rear-End Collisions Should Not Have Been Resolved Via Summary Judgment

There seems to be a widely held belief that, in a rear-end collision, the driver in the second car is automatically at fault. While such a driver is usually held liable in such a situation, this is not necessarily the result in every case. It all comes down to the…

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