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Syracuse Personal Injury Law Blog

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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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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…

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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…

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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…

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New York Woman’s Failure to Put Doctor on Notice of 2011 Malpractice Claim Resulted in Partial Summary Judgment to Physician

In a New York medical malpractice lawsuit, the plaintiff has the burden of proof. This means that he or she must be able to produce appropriately convincing evidence that the defendant(s) violated the standard of care owed to the plaintiff and that this was the proximate cause of the damages…

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Property Owner Who Did Not Create Alleged Sidewalk Defect Should Have Been Granted Summary Judgment According to New York Appellate Court

New York property owners have a duty to maintain their property in a reasonably safe condition. When this does not happen, a New York premises liability lawsuit provides a legal remedy to the injured accident victim. Of course, not every slip and fall on another’s property will result in a…

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Appellate Court Affirms Denial of Summary Judgment in New York Medical Malpractice Case

When a doctor or other healthcare professional makes an error, serious consequences, including personal injury and wrongful death, can occur. In order to assert a claim against an allegedly negligent healthcare provider in a medical malpractice lawsuit, the plaintiff must be prepared to introduce evidence of the standard of care…

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New York Appellate Court Affirms Dismissal of Personal Injury Case Due to Failure to Provide Documentation to Take Case Out of No-Fault Provisions

New York is a “no fault” state for purposes of automobile accident claims. While “no fault” does not mean that a negligent driver can never be held liable for a Syracuse car accident caused by his or her failure to act in a reasonably prudent manner, it does require an…

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