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…
Syracuse Personal Injury Law Blog
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…
Plaintiffs in Birth Injury Case Were Not Entitled to Relief from Defense Verdict, According to New York Appellate Court
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…
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,…