About two out of five Americans take at least one prescription medication these days. While most of these medications are at least somewhat beneficial to the patient taking them, each comes with a list of possible side effects. When a patient is admitted to a hospital, personnel should be careful…
Syracuse Personal Injury Law Blog
New York Court Refuses to Give Adverse Inference Instruction to Jury for Defendant’s Alleged Spoliation of Evidence in Medical Malpractice Lawsuit
The plaintiff in a Syracuse medical malpractice case has the burden of proving each and every element of his or her case. Oftentimes, the plaintiff must obtain much of the evidence of his or her claim from one or more of the defendants against whom he or she has filed…
New York Appellate Court Rules that Summary Judgment Should Have Been Entered in Car Accident Case
In a Syracuse automobile accident lawsuit, the plaintiff must be able to prove that the driver against whom a claim is filed was negligent in some manner. In order to prove negligence, the plaintiff has to prove that the defendant breached a duty of care that was owed to him…
New York Mall Owner Was Not Entitled to Summary Judgment on Storm-in-Progress Defense to Premises Liability Claim
In the state of New York, landowners and business operators owe certain duties to those who come upon their property for a business purpose, such as a shopper going to a mall to make a purchase. A Syracuse premises liability lawsuit can result when a business patron is injured because…
Summary Judgment to Hospital in Medical Malpractice Suit Based on Failure to Timely Diagnose Was Reversible Error According to New York Appellate Court
In some Syracuse medical malpractice lawsuits, the allegation is that a defendant doctor or hospital failed to make a correct diagnosis within a reasonable amount of time under the circumstances. A delay in treating a medical condition can result in significant harm and even death to a patient. When a…
Malpractice Lawsuit Filed by Doctor’s Family Can Proceed Against Dialysis Center, Says New York Appeals Court
A Syracuse medical malpractice case can affect many different types of people and their families. Even a medical doctor can be the victim of an act of medical negligence, when that doctor is a patient relying upon the advice of others. Of course, in such a case, it is likely…
New York Court Upholds Dismissal of Malpractice Claim As Untimely
When it comes to personal injury and wrongful death litigation, time is of the essence. If a New York medical malpractice lawsuit is not filed on within the statute of limitations, it has very little chance of ever being considered upon its merits. There may be other deadlines that require…
New York Court Denies Summary Judgment to Common Carrier in Injured Passenger’s Negligence Lawsuit
In a Syracuse personal injury lawsuit based on a theory of negligence, the plaintiff has the burden of proof. This means that he or she must be able to provide evidence sufficient to convince the jury, by a preponderance of the evidence, to the existence of each and every element…
Summary Judgment Partially Granted and Partially Denied in New York Woman’s Case for Injuries Caused by Neighbors’ Dogs
Dog bites can cause serious harm, potentially triggering a Syracuse personal injury lawsuit. In most personal injury cases, the plaintiff has the burden of proving, by a preponderance of the evidence, that the defendant owed him or her a legal duty, that this duty was breached, that the plaintiff was…
New York Court Denies Plaintiff’s Request to Vacate Judgment of Dismissal, Noting Her Two and a Half Year Delay in Seeking Relief
In a Syracuse medical malpractice lawsuit, time is of the essence. Not only is it prudent to contact attorney as soon as you suspect that an act of medical negligence has taken place, it is imperative that all paperwork be filed in a timely fashion. This includes not only the initial…