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Syracuse Personal Injury Law Blog

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New York Court Affirms Summary Judgment to Doctors in Medical Malpractice Case Arising from Patient’s Death Due to Pulmonary Embolism

A doctor or healthcare provider’s failure to diagnose and/or properly treat a pulmonary embolism can result in a Syracuse surgical malpractice claim. Potentially life-threatening, a pulmonary embolism occurs when a blood clot (usually from another part of the body) blocks one of the pulmonary arteries in the lungs. A pulmonary…

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New York Appellate Court Affirms Denial to Premises Owners in Slip and Fall Case

Under New York law, those who operate businesses that have parking lots, sidewalks, or steps attached to their premises have certain duties to those who use those areas to walk into the owner’s shop, store, or other establishment in order to conduct business. As is typical in personal injury lawsuits,…

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New York Court Holds that Failure-to-Diagnose Breast Cancer Medical Malpractice Claim Was Timely Filed

Like other types of personal injury and wrongful death cases, claims for medical malpractice must be filed within a certain period of time (called the “statute of limitations”), or else the claimant forfeits his or her right to pursue fair compensation. While there a few exceptions to this general rule,…

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Dismissal of Medical Malpractice Case Brought by Family Following Patient’s Death from Stroke and Heart Attack Affirmed by New York Court of Appeals

Syracuse medical malpractice lawsuits often come down to a “battle of the experts.” Sometimes this happens during the pre-trial phase, in which the parties submit their respective expert witnesses’ statements in support of, or in opposition to, a motion by the defendant(s) for judgment as a matter of law. Unless…

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New York No-Fault Exceptions Partially Applied in Car Accident Involving Mother and Child

Under New York law, there are certain categories of injuries that can take a case outside the limitations of the “no fault” laws that would otherwise apply (and limit the injured person’s recovery substantially). Of course, as with everything else concerning Syracuse car accident cases, the insurance company that insured…

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New York Court Affirms Dismissal of Product Liability Lawsuit Involving Remote Control Boom Crane

In a Syracuse product liability lawsuit, the plaintiff may have multiple theories of liability – design defect, failure to warn, negligence, etc. Because several different entities in the supply chain may be held liable, these types of cases may have multiple defendants, as well. Often, one or more defendants will…

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New York Appellate Court Reverses Entry of Summary Judgment to Medical Providers in Fatal Hypoxic Brain Injury Medical Malpractice Case

In most Syracuse medical malpractice cases, one or more healthcare provider defendants will file what is known as a “motion for summary judgment.” This procedural device may sound harmless enough, but it is often deadly to the plaintiff’s pursuit of fair compensation for an act of medical negligence. Summary judgment…

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Appellate Court Finds That Summary Judgment Was Improper When New York Doctor Did Exercise Independent Medical Judgment

Sometimes a doctor or other medical provider will attempt to avoid a finding of liability in a Syracuse medical malpractice lawsuit by claiming that he or she did not exercise any independent medical judgment in the care and treatment of the patient. If a physician was truly just passing through…

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New York Court Reverses Summary Judgment for Anesthesiologist in Shoulder Injury Case

Most medical procedures come with some degree of risk. Patients are supposed to be informed of both the potential risks and benefits of a given procedure prior to giving their consent. When a physician fails to obtain informed consent, or if the doctor deviates from the standard of care and…

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