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…
Syracuse Personal Injury Law Blog
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…
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…
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…
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…
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…
Summary Judgment Granted in Part, Denied in Part in New York Family’s Medical Malpractice Lawsuit for Relative’s Post-Surgery Death
In a Syracuse medical malpractice case, the plaintiff has the burden of proving his or case by a preponderance of the evidence. Often, a defendant (doctor, hospital, or other medical provider) will attempt to circumvent the usual trial practice by filing what is known as a summary judgment motion. Such…
New York Appellate Court Directs Entry of Order So-Ordering Stipulation of Dismissal But Allows Medical Malpractice Defendants’ Cross Claims
A Syracuse medical malpractice case may involve allegations against multiple defendants – a hospital, one or more doctors, and possibly other healthcare providers, as well. Generally speaking, the more defendants there are in a case, the more expensive and time-consuming the litigation is likely to be. For this reason, a…
Hospital Employee’s Takedown of Mental Health Patient Was Intentional, Not Negligent; Thus Claim Was Time-Barred
In any Syracuse medical malpractice case, time is of the essence. When a claim is not filed within the time allowed by law, it is very difficult – and often impossible – to proceed with what might otherwise have been a good case. This is unfortunate, as the plaintiff’s suffering…