Medical Malpractice

New York Appellate Court Affirms $1 Million Verdict in Hospital Negligence Lawsuit

Published on: May 30, 2019 | By Jeff DeFrancisco

About two out of five Americans take at least one prescription medication these days. While most of these medications are at least somewhat beneficial to the patient taking them, each comes with a list of possible side effects.

When a patient is admitted to a hospital, personnel should be careful to note all medications taken by the patient, including the dosage of these prescription drugs. Follow up with the patient’s family and/or pharmacy should also be made in many cases.

If this is not done and personal injury or wrongful death befalls the patient as a proximate result, the patient or his family may have a Syracuse medical malpractice or hospital malpractice claim.

New York Court Refuses to Give Adverse Inference Instruction to Jury for Defendant’s Alleged Spoliation of Evidence in Medical Malpractice Lawsuit

Published on: May 23, 2019 | By Jeff DeFrancisco

The plaintiff in a Syracuse medical malpractice case has the burden of proving each and every element of his or her case.

Oftentimes, the plaintiff must obtain much of the evidence of his or her claim from one or more of the defendants against whom he or she has filed suit.

Acknowledging that a defendant may have an incentive to hide or destroy evidence in order to avoid a finding of liability, New York law gives trial courts the authority to impose harsh sanctions for spoliation of evidence.

Summary Judgment to Hospital in Medical Malpractice Suit Based on Failure to Timely Diagnose Was Reversible Error According to New York Appellate Court

Published on: April 26, 2019 | By Jeff DeFrancisco

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 patient is able to prove a claim of medical negligence, he or she may request that the jury award money damages for medical expenses, lost earnings, pain and suffering, and other losses caused by the defendant’s failure to abide by the applicable standard of care.

Malpractice Lawsuit Filed by Doctor’s Family Can Proceed Against Dialysis Center, Says New York Appeals Court

Published on: April 26, 2019 | By Jeff DeFrancisco

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.

New York Court Upholds Dismissal of Malpractice Claim As Untimely

Published on: April 22, 2019 | By Jeff DeFrancisco

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.

New York Court Denies Plaintiff’s Request to Vacate Judgment of Dismissal, Noting Her Two and a Half Year Delay in Seeking Relief

Published on: March 26, 2019 | By Jeff DeFrancisco

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.

Plaintiffs in Birth Injury Case Were Not Entitled to Relief from Defense Verdict, According to New York Appellate Court

Published on: March 25, 2019 | By Jeff DeFrancisco

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.

New York Medical Malpractice Case Involving Finger Amputation Survives Motion for Summary Judgment

Published on: March 20, 2019 | By Jeff DeFrancisco

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 Medical Malpractice Case Arising from Pelvic Surgery, New York Appellate Court Says Summary Judgment to Defendants Was Proper

Published on: February 27, 2019 | By Jeff DeFrancisco

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.

New York Appellate Court Says Medical Malpractice Case Should Not Have Been Dismissed, Despite Failure to Depose Doctor According to Discovery Schedule

Published on: February 25, 2019 | By Jeff DeFrancisco

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.