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Syracuse Personal Injury Law Blog

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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…

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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…

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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…

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New York Appellate Court Holds That Summary Judgment Should Have Been Partially Granted and Partially Denied in Car Accident Victim’s Suit Against UM/UIM Carrier

Under New York’s no-fault insurance laws, not every person who has been involved in a car accident has a right to sue the person responsible for the accident. Likewise, only those who meet certain exceptions to the no-fault rule can file the equivalent of a personal injury claim against their…

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Appeals Court Affirms Denial of Summary Judgment in New York Woman’s Premises Liability Lawsuit Against Housing Authority

Of the many Syracuse premises liability lawsuits that are filed, in addition to those filed elsewhere in New York, very few actually make it to trial. There are two main reasons for this. First of all, as with other types of civil claims, many slip and fall cases are settled…

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Appellate Court Reviews Bus Accident Case to Determine Whether Victims Suffered “Serious Injury,” as That Term is Defined by New York Insurance Law

New York is considered a “no fault” state for purposes of automobile accident insurance. This means that, when a Syracuse car accident occurs, the driver of the two cars involved in the accident are reimbursed by their respective insurance companies, such that neither party must prove fault against the other.…

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New York Appellate Court Affirms Summary Judgment to Construction Worker on Labor Law Claim

Construction workers face many dangers in the workplace, including the possibility of a fall if working on an elevated surface without the proper safety equipment. If a worker is hurt in such a situation, he or she should talk to an experienced Syracuse construction accident attorney about the process of…

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New York Appellate Division Says Trial Court Was Wrong to Grant Summary Judgment on Liability as a Discovery Sanction in Medical Malpractice Case

A Syracuse medical malpractice lawsuit can take a long time to resolve. For starters, an investigation must be conducted, an expert must be retained, and suit must be filed – and that’s just to get the case started. As matters progress, the parties usually exchange discovery requests in order to…

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New York Appellate Division Affirms Summary Judgment to Hospital Following Patient’s Death From Pre-Existing Bacterial Infection

Losing a loved one is one of the most painful experiences in life. When the loved one’s death was preventable, the situation is even more difficult. If you have recently lost a family member and have reason to believe that a doctor, nurse, or hospital’s negligence was to blame, you…

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New York Appellate Court Holds that Plaintiff’s Choice of Venue in Medical Malpractice Case Was Proper

Most people understand that the first step in pursuing monetary compensation in a Syracuse medical malpractice case is to file a claim in court. However, what is less commonly known is that there can sometimes be an argument about the proper court in which to file the claim. When a…

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