When it comes to medical malpractice cases, there are some commonalities regardless of where the suit is filed – the burden of proof is on the plaintiff to prove that there was a deviation from the accepted standard of care, for example. However, with regard to procedural matters, such as…
Syracuse Personal Injury Law Blog
New York Appellate Court Says Fuel Nozzle Manufacturer and Gas Station Owner Should Have Been Granted Summary Judgment in Fueling Accident Case
A Syracuse personal injury lawsuit may involve one defendant or multiple defendants. Likewise, a single theory of liability may be asserted, or multiple theories may be included in the plaintiff’s complaint for damages. The more defendants and the more theories of liability, the more likely it is that some of…
New York Appellate Court Finds that Jury’s Verdict in Premises Liability Case Was Not Supported by the Evidence
When the owner of a piece of property does not use reasonable care to keep the property safe for those who have a legal right to go onto the property, a premises liability lawsuit may result. In such an action, the plaintiff must prove, by a preponderance of the evidence,…
Late-Filing of New York Medical Malpractice Claim Permitted Under Relation-Back Doctrine
Those who have been hurt by a doctor, nurse, or hospital have a limited time in which to file a medical malpractice claim. Usually, claims not filed within this time period are dismissed by the court as untimely. However, there are a limited number of circumstances in which a late-filed…
New York Court Holds that Defendants’ Failure to File Timely Answer Should Have Resulted in Default Judgment in Medical Negligence Case
Hopefully, everyone knows by now that there is a statute of limitations that places an outer limit on the time during which a Syracuse medical malpractice claim can be filed. While there are a few, very limited exceptions to this rule, most cases that are filed outside of this time…
New York Court Reverses Lower Tribunal’s Order Disqualifying Attorney for Estate of Deceased Alleged Medical Malpractice Victim
Syracuse medical malpractice lawsuits can have multiple complications, especially when the alleged act of medical negligence resulted in a loved one’s death. Part of the reason for this is that the actual plaintiff in such a case is the deceased person’s estate – not his or her survivors. Although family…
Appellate Court Affirms Defense Verdict in New York Medical Malpractice Case Against Medical Center
In a Syracuse medical malpractice case, there may be a single defendant, or there may be multiple defendants. It all depends upon the circumstances surrounding the alleged act of medical negligence. For example, in a case in which an individual was injured or died in (or after having been in)…
New York Appellate Court Affirms Dismissal of Medical Malpractice Case Due to Plaintiff’s Failure to Appear at Compliance Conference
Syracuse malpractice cases are never easy. The defendants in these types of case rarely admit that any wrongdoing or negligence occurred; in the unlikely event that a doctor or hospital admits that a mistake was made, the defendant will likely insist that there was no harm caused by the error.…
New York Woman’s Slip and Fall Claim Fails, Due to Lack of Proof as to How Much Water Was Present in Floor or How Long it Had Been There
Generally speaking, in order to be successful in a Syracuse slip and fall case, the injured party must be able to prove that he or she was injured as a result of the negligence of a business owner or land holder. The law does not allow for money damages simply…
Partial Summary Judgment Denied in New York Bicycle-Car Accident Lawsuit
In a Syracuse personal injury lawsuit arising from a car wreck, bicycle accident, or truck collision, the plaintiff has the burden of proving his or her case by a preponderance of the evidence. In order to do this, it is important that the accident be investigated promptly, thoroughly, and by…