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Syracuse Personal Injury Law Blog

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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…

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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…

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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…

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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…

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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…

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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…

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New York Appellate Division Affirms Summary Judgment to Doctor in Otolaryngology Malpractice Lawsuit

New York medical malpractice lawsuits can involve many different types of injury to the body – even wrongful death. One recent case involved a claim brought by a woman who believed that she had suffered loss to her hearing and other injuries due to her doctor’s allegedly negligent treatment of…

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New York Court Reverses Spoliation Sanctions Against Medical Center Following Alleged Malfunction of Opioid Medication Pump

It is not unusual for a New York medical malpractice lawsuit to evolve into multi-faceted litigation involving several defendants and multiple theories of liability. For instance, a medical negligence lawsuit against a doctor or hospital could, under certain circumstances, grow to include a possible product liability lawsuit against the maker…

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New York Court Allows Plaintiff in Car Accident Case to File Otherwise Untimely Claim Based on “Relation Back”

Timeliness is very important in a New York automobile accident case. If a claim is not filed within the statute of limitations, there is a strong likelihood that it will be dismissed by the court on procedural grounds. However, there are a few – a very few – exceptions to…

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