Medical Malpractice

New York Court Affirms Dismissal of Medical Malpractice Claim on Statute of Limitations Grounds

Published on: December 16, 2020 | By Jeff DeFrancisco

It is frequently said that “time is of the essence” when it comes to medical malpractice lawsuits in New York, especially those involving governmental entities. While it is certainly true that Syracuse medical malpractice claims should be made in a timely fashion in order to have a reasonable chance of a successful outcome, there are, in a few, very limited circumstances, some exceptions to the general rule regarding the time period for filing suit.

However, these limitations are subject to judicial interpretation, and the case law concerning the rules allowing for an exception can evolve over time. This happened in a recent case, as set forth below.

It was unclear exactly when the alleged act of medical negligence took place, but the case had apparently been in litigation for many years. Had the plaintiff acted in a more timely fashion, it is possible that the matter would have been resolved much sooner.

Internal Medicine Physician Should Have Been Granted Summary Judgment in Medical Malpractice Case, Says New York Appellate Court

Published on: November 25, 2020 | By Jeff DeFrancisco

Not every physician or healthcare provider is held to the same standard of care. For instance, in a Syracuse medical malpractice case, a doctor specializing in internal medicine is not necessarily expected to have the same knowledge or skill as one who works primarily in the field of physical therapy.

Thus, if a patient who is treated by both professionals is injured by an act of negligence, it is quite possible that a medical malpractice case will only reach trial as to one of the healthcare workers. It often comes down to a question of which specialist was responsible for the area of the body or the type of care that led to the harm about which the plaintiff complains.

Of course, there are some circumstances in which several different medical professionals could be potentially liable to a patient. Each case is unique and must be determined on its own particular facts.

New York Appellate Division Affirms Large Verdict in Birth Injury Medical Malpractice Case

Published on: November 14, 2020 | By Jeff DeFrancisco

A patient can be the victim of medical negligence at any time in his or her life. Sometimes, nursing homes fail to meet the standard of care, and an elderly patient suffers as a result. At the other end of the spectrum, some Syracuse medical malpractice cases happen much earlier: during birth.

When a baby is harmed during labor and delivery, he or she may literally face a lifetime of medical expenses, pain and suffering, emotional distress, disfigurement, and other issues. If these expenses are the result of a medical provider’s mistake, it is only fair that the provider contribute to the payment of such damages.

The amount of fair compensation that is due under such circumstances can be a matter of much contention. After a jury has made an award, it is not unusual for there to be an adjustment of the verdict by the trial court and/or the appellate tribunal if the amount awarded was not in line with the evidence presented at trial. Sometimes, the damages award is set aside, and a new trial is ordered.

Summary Judgment Reversed in New York Medical Malpractice Claim Pertaining to Testicular Injury

Published on: November 10, 2020 | By Jeff DeFrancisco

We depend heavily upon the expertise of doctors and hospital personnel to properly diagnose and treat our medical conditions, illnesses, and injuries. Most of the time, they do, and we are grateful for their help.

Sometimes, however, mistakes are made, and the patient suffers great physical harm, pain, and suffering as a result. Most hospitals and physicians carry medical malpractice insurance that covers them in such situations, if the injured person is able to make out a claim for medical malpractice.

However, proving negligence against a medical provider is not always easy. Medical experts must be retained, records must be reviewed, and various court proceedings are likely to ensue if the case is not settled early.

New York Appellate Tribunal Dismisses Mother’s Medical Malpractice Case Asserting Anesthesiology Error During Labor

Published on: October 29, 2020 | By Jeff DeFrancisco

Syracuse medical malpractice cases often come down to a “battle of the experts.” The case begins with the plaintiff’s medical professional witness testifying that the defendant failed to follow the standard of care and, as a result, harmed the patient.

The defendant then puts his or her own expert witness on the stand, and a very different opinion is given. The jury, as the finder of fact, has to resolve the conflicting testimony.

Sometimes, however, the case doesn’t make it that far. Via a process called “summary judgment,” the trial court may decide that the expert opinion offered by the plaintiff is not sufficient to get the case in front of a jury.

New York County Was Proper Venue for Medical Malpractice Lawsuit, Despite Defendant’s Objection

Published on: October 23, 2020 | By Jeff DeFrancisco

One of the first considerations in filing a Syracuse medical malpractice lawsuit is the proper party or parties to name as defendants. Another important issue that may need to be addressed is the correct court for purposes of jurisdiction and/or venue.

When a defendant disagrees with the plaintiff’s choice of forum, he or she may seek a change of venue. Even if such a motion is not successful, the filing of such a motion can cause a delay in the plaintiff’s attempt to seek fair compensation.

If the motion is successful, the case may continue in another court. Unfortunately, that court may be less convenient or less desirable from the plaintiff’s perspective. A party who is dissatisfied with a trial court’s ruling on an issue of venue may have an option to seek appellate review prior to trial.

New York Appellate Division Rules Against Hip Surgery Patient Who Allegedly Had Recurrent MRSA Infection Following Surgery

Published on: October 15, 2020 | By Jeff DeFrancisco

A Syracuse hospital malpractice case may be based on one or several alleged breaches of the duty of care towards a patient. Failing to properly diagnose and treat an infection is one possible issue that could arise in such a case.

In order to prove negligence against a medical provider, the burden of proof rests on the plaintiff to establish, by expert proof, the duty of care that was applicable to the patient at the time in question. The plaintiff must also show that this duty was breached and that the breach of duty was the proximate cause of the injuries for which he or she seeks monetary compensation in the lawsuit at hand.

If the plaintiff is unable to produce competent and convincing medical expert testimony to support his or her theory of negligence, his or her case is likely to get dismissed on the defendant’s motion for summary judgment. In such a situation, the plaintiff’s case will not reach the jury, and he or she will receive $0 in compensation.

New York Appellate Tribunal Agrees that Summary Judgment Would Be Improper in Failure to Diagnosis Cancer Case

Published on: September 15, 2020 | By Jeff DeFrancisco

Negligence cases, including Syracuse medical malpractice claims, often come down to one or two basic issues. Did the defendant breach a standard of care owed to the plaintiff? Was this the proximate cause of the harm that he or she complains about in the lawsuit?

Proving fault in professional negligence cases usually involves the testimony of one or more expert witnesses. One or both parties may seek an early resolution of the case through a pre-trial procedure known as “summary judgment,” but this is only appropriate when there are no genuine issues of material fact.

When factual issues must be resolved, the case should go to the jury, rather than be resolved by the judge without the plaintiff having his or her day in court. This is also true when the parties’ respective expert witnesses starkly disagree about the duty that was owed by the defendant to the plaintiff, whether this duty was breached, and/or whether such breach of duty was the proximate cause of the plaintiff’s damages.

New York Woman’s Medical Malpractice Case Arising from Misdiagnosis Partially Dismissed on Statute of Limitations Grounds

Published on: September 10, 2020 | By Jeff DeFrancisco

Timeliness is of the essence in a Syracuse medical malpractice lawsuit. If a claim is not filed within the time allowed by law, it will eventually be dismissed by the courts, regardless of its merits.

Because of this, it is critically important that anyone who believes that they or a family member may have been hurt by the negligence of a doctor, nurse, hospital, or other medical provider seek timely legal advice about his or her case. An attorney experienced in these types of cases can provide the would-be plaintiff with important information about filing deadlines and other requirements.

An experienced malpractice attorney can also guide the plaintiff through the investigative phase of his or her case, helping secure medical records and consulting with potential expert witnesses who can testify on the plaintiff’s behalf at trial.

Summary Judgment in Favor of New York Doctor and Medical Practice Affirmed – Court Hints Result Might Have Different if Autopsy Had Been Performed

Published on: August 28, 2020 | By Jeff DeFrancisco

Perhaps the most important thing that a patient should know about a Syracuse medical malpractice case is that, if something goes wrong and he or she feels the need to sue a medical provider for negligence, it is the patient who bears the burden of proof. This is true even though the doctor was the professional, and the patient was the layperson.

In order to prove his or her case, the plaintiff will need to obtain his or her medical records, have another medical professional review them, and have that expert witness testify at trial as to the mistakes that were made and how they affected the plaintiff. This is a difficult task and one that almost always requires the help of legal counsel.

An attorney who regularly practices in this area of the law can guide the injured person through an investigation of his or her claim, help the patient secure the necessary records, and work with potential expert witnesses to build the plaintiff’s case. This can be a protracted process, so it is important that a person who has been hurt by an act of medical negligence seek counsel right away.