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…
Syracuse Personal Injury Law Blog
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…
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.…
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…
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…
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…
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…
Summary Judgment Denied in New York Woman’s Trip and Fall Case
Under New York law, property owners have certain responsibilities when it comes to maintaining their property. If this duty of care is breached, a person injured in an accident on the property may be able to pursue fair monetary compensation for medical expenses, lost earnings, pain and suffering, and other…
New York Appellate Tribunal Agrees That Injured Driver Provided Sufficient Proof to Defeat Summary Judgment Under 90/180 Rule
A Syracuse car accident can leave an innocent driver or passenger physically injured, either temporarily or permanently. It is important that a person who has been hurt in an accident understand the nuances of New York insurance law as he or she navigates the claims process. An established motor vehicle…
New York Appellate Court Affirms Summary Judgment to Defendants in Prostate Cancer Case
A Syracuse medical malpractice lawsuit can arise in many different ways. Sometimes, a claim of negligence involves an affirmative act taken by a doctor, such as operating on the wrong limb or leaving behind a piece of medical equipment in a patient’s abdominal cavity. Medical malpractice can also happen when…