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Syracuse Personal Injury Law Blog

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New York Appellate Court Finds that Summary Judgment Was Improper Due to Lack of Evidence that Motorcycle Operator Took Reasonable Measures to Avoid Crash with Dump Truck

After a Syracuse motor vehicle accident, the drivers, eyewitnesses, and first responders likely have their own opinions as to who caused the crash – Driver A or Driver B, assuming it was a two-vehicle accident. However, in some situations, it is determined that the parties have shared fault in causing…

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New York Appellate Court Refuses to Disturb Jury’s Defense Verdict in Slip and Fall Lawsuit

In order to prove liability in a Syracuse slip and fall case, the plaintiff must be able to show that an unreasonably safe condition existed and that the defendant proximately caused his or her injuries by creating the condition or in allowing the condition to remain after it should, by…

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New York Appellate Court Denies Summary Judgment to County in Motorcycle Accident Case

A Syracuse motorcycle accident can cause serious, life-threatening personal injuries or even death. Those who have been hurt or lost a loved one in a motorcycle crash have certain legal rights, including the right to file a negligence claim against the person or persons responsible for the accident. If the…

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New York Court Rules that Medical Malpractice Claim of Patient Suffering Vision Issues Fails

In order to successfully maintain a Syracuse medical malpractice lawsuit, the burden of proof is on the plaintiff to provide evidence that the defendant breached the standard of care that applied to the particular situation at hand and that this breach was the proximate cause of any damages for which…

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New York Court Reverses Order Granting Summary Judgment to OB-GYN in Case Involving Death of Mother Attempting VBAC Home Birth

Not all doctors are held to the same standard of care. For example, it would probably be difficult to hold a podiatrist liable for failing to diagnose an abscessed tooth in a Syracuse medical malpractice case, even if the podiatrist was the only medical professional that the patient had seen…

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Infant Could Not File Late Notice of Malpractice Claim Against New York Hospital

Generally speaking, a claim for medical malpractice must be filed within two and one-half years (30 months) of an alleged act of medical negligence in the state of New York. While some circumstances can operate to lengthen the time for filing a claim, other circumstances can shorten the period substantially.…

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New York Appellate Court Agrees that Summary Judgment is Proper When Plaintiffs Did Not Suffer Serious Injuries in Auto Accident

Although New York is a “no fault” insurance state, those who suffer serious personal injuries in a Syracuse car accident caused by someone else’s negligence may be able to recover money damages from the person whose breach of duty caused the crash. Generally speaking, there is an exception to the…

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New York Appellate Court Reviews Chiropractic Malpractice Case Involving Multiple Defendants, One of Whom Entered Into an Arbitration Agreement

Syracuse medical malpractice lawsuits involving multiple defendants can be complex. The plaintiff’s case against some of the defendants may be stronger or weaker than his or her case against the others, possibly leading to quicker and more effective settlement negotiations against one or more of the health care providers against…

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New York Appellate Court Reverses Summary Judgment Granted to Medical Providers on Claim Regarding Vegetative Patient’s Conscious Pain and Suffering

In a lawsuit arising from an alleged act of medical malpractice, a Syracuse medical malpractice plaintiff may seek reasonable compensation for several different types of damages. Two of the most common types of damages are medical expenses and lost earning capacity caused by the act(s) of medical negligence. Money damages…

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Summary Judgment Granted to New York Hospital Despite Patient’s Allegation of Delay in Treating Gunshot Wound

Doctors and hospitals make mistakes, just like other individuals and institutions. Sometimes an act of negligence involves the timing of treatment more than the actual procedure or diagnosis. The hospital or physician may have, eventually, done the right thing, but the delay may have caused a patient to suffer unnecessarily…

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