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…
Syracuse Personal Injury Law Blog
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…
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…
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…
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…
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…
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…
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…