A Syracuse medical malpractice case can have many issues and may take several years to ultimately be decided. While this can be daunting to a would-be plaintiff, this does not mean that a claim against a careless doctor or other medical professional should not be pursued. If you believe that…
Syracuse Personal Injury Law Blog
New York Medical Malpractice Case Involving Finger Amputation Survives Motion for Summary Judgment
When it comes to issues in a New York medical malpractice lawsuit, the burden of proof is on the plaintiff to prove, by a preponderance of the evidence, that the defendant’s deviation from the applicable standard of care was the proximate cause of his or her damages. In many medical…
New York Court Grants Partial Summary Judgment in Rear-End Collision Case
In a Rochester or Syracuse rear-end collision, there is a presumption that the person driving the automobile that ran into the back of the other was a fault in the accident. While there are some circumstances in which the defendant in such a case may be able to avoid liability, the…
New York Woman Wins Slip and Fall Lawsuit Against Landlord
In a New York “slip and fall” negligence case, the plaintiff must be able to prove that the defendant breached a duty of care owed to him or her, proximately causing the damages for which he or she seeks monetary compensation. Because New York is a pure comparative negligence state,…
In Medical Malpractice Case Arising from Pelvic Surgery, New York Appellate Court Says Summary Judgment to Defendants Was Proper
In a New York medical malpractice lawsuit, the burden of proof is on the plaintiff to prove four separate and distinct elements: that the defendant healthcare provider owed a certain standard of care to the plaintiff patient, that this duty was breached, that the plaintiff suffered damages, and that the…
New York Appellate Court Says Medical Malpractice Case Should Not Have Been Dismissed, Despite Failure to Depose Doctor According to Discovery Schedule
Filing a Syracuse medical malpractice lawsuit is a complex endeavor that requires strict compliance to a great many procedural rules. While there may be limited instances in which compliance with a particular requirement may be excused under the circumstances of a given case, this is by far the exception rather…
New York Appellate Division Grants Summary Judgment to Hospital in Case Alleging Bedsore Was Caused by Medical Negligence
Medical malpractice is rampant in New York and elsewhere in the country. However, unless an injured person (or the estate of a deceased patient) files a timely complaint for medical negligence and is able to offer proof from a competent medical expert witness regarding the standard of care and the…
New York Appellate Court Reinstates Labor Law Claim in Construction Accident Lawsuit
Syracuse construction accident lawsuits can be challenging. They typically involve multiple parties and multiple theories of liability. It is important to have quality legal representation if you have been hurt on a job site due to the negligence of a property owner, general contractor, or subcontractor. Facts of the Case…
New York Court Reverses Summary Judgment, Holding that Driver Who Had Right-of-Way Might Still be Partially at Fault in Crash
Sometimes, a Syracuse automobile accident case seems very simple at first. If one driver runs a stop sign and causes an accident, that driver – and only that driver – is at fault, right? Unfortunately, things are not always as they seem, especially when it comes to motor vehicle accident…
Summary Judgment in Failure-to-Diagnose Stroke Case Reversed by New York Appellate Court
With the vast knowledge of the internet readily at our fingertips, it can be tempting these days to attempt to self-diagnose an illness or medical condition based on the particular symptoms that we have. However, we quickly learn that our symptoms may result from a wide array of medical conditions…