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…
Syracuse Personal Injury Law Blog
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…
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…
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…
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…
New York Trial Court Was Correct in Denying Motion to Vacate Dismissal of Medical Malpractice Case Due to Failure to Appear, According to Reviewing Court
Reaching a successful verdict or favorable settlement in a Syracuse medical malpractice case is not easy. In addition to the factual requirements (which, at least to a large degree, must be presented through the testimony of expert witnesses) of proving such a claim, there are many procedural steps that must…
Personal Injury Litigant Should Have Been Allowed to Depose Assailant’s Psychiatric Providers, Says Appellate Tribunal in New York
Syracuse personal injury cases have many steps. Once an attorney has been contacted and an investigation has been made into the facts of the event giving rise to the litigation, the next step is to file a formal complaint in a court of law. After that, the case proceeds to…
Denial of Summary Judgment in Medical Negligence Case Upheld on Appeal by New York Court
In a Syracuse medical malpractice lawsuit, the burden of proof is on the plaintiff. This means that he or she must be able to prove the elements of professional negligence, including a deviation from the acceptable standard of care and proximate causation between this breach of care and the injuries…
New York Court Finds That Summary Judgment Was Erroneous in Birth Injury Malpractice Case
While mothers and infants generally fare much better during labor and delivery than they did in years past, Syracuse birth injuries still happen regularly. Obstetricians, anesthesiologists, nurses, and others are quick to point out that complications can arise even when healthcare workers “do everything right.” However, these medical workers are…
New York Woman’s Medical Malpractice Claims Against Out-of-State Medical Providers Dismissed for Lack of Jurisdiction
One of the first questions that must be dealt with in a Syracuse medical malpractice case is that of jurisdiction. This is usually a fairly straightforward issue, as the plaintiff and his or her physicians or other attendant medical personnel typically all reside within the state in which the allegedly…