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 that those accused of malpractice will try to turn the blame around on the victim – even if the defendants’ alleged negligence cost the victim his life.
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 strict compliance, as well. Taking too long to seek legal redress can result in a summary dismissal of a case that might otherwise have been very winnable – and worth a substantial sum of money to a malpractice victim and his or her family – had it been timely filed.
For this reason, it is extremely important that anyone who believes he or she has been suffered harm due to medical negligence seek legal advice as soon as possible.
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 complaint for damages but also other documentation that is required as the case progresses. Failure to act within the time allowed by law can result in dismissal of what might otherwise have been a successful claim for damages.
Facts of the Case
In a recent case, the plaintiff was a former patient of the defendant medical providers. In 2013, the plaintiff filed suit against the defendants, asserting a claim for podiatric malpractice in relation to surgical treatment that the defendants had performed upon the plaintiff. Two months later, the defendants’ attorney submitted demands for a bill of particulars to the plaintiff’s attorney. The defendants also requested authorizations permitting them to access the plaintiff’s medical records. The plaintiff’s attorney refused to provide the information and documents sought by the defendants, and, eventually, the defendants filed a motion to dismiss the plaintiff’s complaint.
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 you or a loved one has been hurt by a doctor’s mistake, the best course of action is to talk to an attorney about your case as soon as possible.
Facts of the Case
In a recent case, the plaintiffs were the parents of a minor child who allegedly suffered certain injuries as a result of the negligence of the defendant doctors and medical clinic during labor and delivery. The case was tried to a jury, which returned a defense verdict. The plaintiff made an immediate oral motion seeking a mistrial on the basis of substantial juror confusion. The trial court granted the motion. Thereafter, the defendants made a post-trial motion to reinstate the verdict. The trial court denied the motion, but the appellate court granted the motion and reinstated the verdict. The plaintiffs then made a post-trial motion to set aside the verdict in the interest of justice. The trial court denied the motion, and the plaintiffs appealed.
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 negligence lawsuits, one or more of the defendants may seek judgment as a matter of law via a summary judgment motion. When this happens, the burden then shifts to the defendant to demonstrate that there are no genuine issues of material fact.
Facts of the Case
In a recent case, the plaintiff was a man who was involved in an accident in which a log fell on his hand in 2009. He was treated by the defendant doctors (employees of the defendant medical group) at the defendant hospital and released the following day. A few days later, he was seen for a checkup, in which he was checked by a physician’s assistant. About a week later, he returned to the doctor’s office and was told that his index finger “had died.” He underwent an amputation of his finger thereafter.
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 defendant’s breach of the duty of care was the proximate cause of the plaintiff’s damages.
The plaintiff must provide expert testimony as to each of these elements. In the absence of such proof, the plaintiff’s case will fail, and judgment will be entered for the defendant.
Facts of the Case
In a recent case, the plaintiff was a woman who filed a medical malpractice lawsuit against the defendant medical providers, claiming that she had suffered personal injuries due to the defendants’ negligence in performing pelvic surgery. In response, the defendants submitted evidence that they alleged showed that the plaintiff’s injury was due to a known risk that could occur even with competent surgical care. The Supreme Court of New York County granted the defendants’ motion for summary judgment, thereby dismissing the plaintiff’s complaint.
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 than the rule. The burden is usually on the plaintiff not only to prove his or her case but also to convince the court that an exception should be made if a deadline was missed or another procedural rule was not complied with.
Facts of the Case
In a recent case, the plaintiff was the administratrix of the estate of a woman who allegedly died due to the negligence of the defendant hospital. The plaintiff filed a medical malpractice and wrongful death lawsuit against the defendant, and the trial court entered an order setting forth the discovery obligations of the parties. Although a particular doctor’s deposition was supposed to have taken place by a certain date, this apparently did not happen. Thereafter, the defendant filed a motion to dismiss the plaintiff’s complaint pursuant to New York Consolidated Laws, Civil Practice Law and Rules 3126(3). The Supreme Court for New York County entered an order granting the defendant’s motion and dismissing the plaintiff’s complaint. The plaintiff sought review from the intermediate appellate court of New York.
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 defendant doctor or hospital’s deviation therefrom, the injured person or his or her family will not be able to recover monetary compensation.
Thus, it is very important to talk to a knowledgeable New York medical malpractice lawyer as soon as possible if you suspect that you or a loved one has been the victim of negligence by a medical professional.
Facts of the Case
In a recent case, the plaintiff was the administrator of a woman who developed a severe sacral decubitus ulcer (i.e., a pressure ulcer or “bedsore”) while under the care of the defendant hospital. According to the plaintiff’s complaint, the development of the ulcer was due to the defendant’s negligence. The defendant, however, claimed that the decedent’s ulcer was unavoidable under the circumstances and filed a motion seeking summary judgment as to the plaintiff’s medical malpractice claim against it.
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 – a persistent headache could indicate anything from simple dehydration to a brain tumor.
That’s why a sensible person who is experiencing medical issues goes to an expert – a doctor or a hospital, depending on the severity of the symptoms. Unfortunately, many New York medical malpractice cases are filed annually due to the failure of these so-called medical professionals to correctly diagnose or treat a patient’s medical condition.
Facts of the Case
A recent appellate case heard in the Supreme Court of New York, Appellate Division, Fourth Judicial Department involved a medical malpractice claim made by a man who was seen by several different healthcare providers over an 11-day period in 2008. During this time, the plaintiff was told that he had sinusitis and an ear infection, among other things. When the plaintiff’s primary care physician finally saw the plaintiff, he immediately recognized the signs and symptoms of a stroke. The plaintiff sued several doctors and medical clinics, seeking monetary compensation for injuries he allegedly sustained due to their negligence in failing to properly diagnose and treat his medical condition.
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 an ear infection.
Unfortunately, both the trial court and the appellate court sided with the woman’s doctor, finding that no actionable medical negligence had occurred.
Facts of the Case
A case recently considered by the Supreme Court of the State of New York, Appellate Division, Second Judicial Department, involved a medical malpractice claim brought by the plaintiff patient against the defendant doctor seeking compensation for hearing loss that the plaintiff allegedly suffered due to the defendant’s negligent prescription of a certain medication to treat an ear infection. The plaintiff further averred that the defendant had failed to instruct her properly as to the administration of the drug at issue.
Syracuse Personal Injury Law Blog