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…
Syracuse Personal Injury Law Blog
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…
New York Appellate Division Affirms Denial of Summary Judgment in Medical Malpractice Wrongful Death Suit
In a Syracuse medical malpractice case, the plaintiff is usually the person who was the victim of a doctor or hospital’s negligence. However, sometimes an act of medical negligence is so severe that it results in a patient’s death. In such a situation, there is still the possibility of a…
Summary Judgment to Doctor in Medical Practice Lawsuit is Affirmed by New York Appellate Court
Pursuing fair compensation for an act of medical negligence involves many steps. In addition to the filing of a Syracuse medical malpractice lawsuit, there is the discovery phase of litigation, which is typically followed by the filing of motions for dismissal by the allegedly negligent doctors or hospital. If the…
New York Appeals Court Agrees that Parents Should Have Been Given Leave to File Late Notice of Child’s Birth Injury Medical Malpractice Claim
Those who have suffered personal injuries or a loved one’s wrongful death have only a limited time in which to file a Syracuse medical malpractice lawsuit. This includes situations in which the victim of the alleged medical negligence is a minor child. If your family has been hurt by a…