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In medical malpractice cases, the parties will usually disagree on issues like liability and damages. In such matters, the courts will generally determine that there is a factual dispute sufficient to require a trial. In other words, it is unusual for a court to rule in favor of one party as a matter of law. While summary judgment is rare in medical malpractice cases, it can occur, as demonstrated recently by a New York ruling. If you were harmed by the negligence of your doctor, you could be owed damages, and you should speak to a Syracuse medical malpractice attorney as soon as possible.

The Facts of the Case

It is reported that the decedent visited the defendant hospital with complaints of chest pain and shortness of breath. When he was at the hospital, he was examined by the defendant physicians. He ultimately suffered a ruptured aorta and died. The plaintiff, the administrator of the decedent’s estate, filed a lawsuit against the defendants, alleging they failed to diagnose or treat the decedent’s aortic dissection, resulting in his death. She asserted wrongful death and medical malpractice claims against them. After the completion of discovery, the plaintiff moved for judgment in her favor via summary judgment. The court ruled in favor of the plaintiff, and the defendant appealed.

Summary Judgment in Medical Malpractice Cases

On appeal, the court affirmed the trial court ruling. In doing so, it explained that contrary to the defendants’ assertions, the plaintiff met her burden of proving she was entitled to judgment as a matter of law. Specifically, she set forth the affirmation of a medical expert who explained his qualifications and stated that, after reviewing the medical records, he determined that the defendants acted negligently and that their negligence impacted the decedent’s health. Continue Reading ›

Strokes are critical medical events that require immediate care. As such, doctors that fail to provide stroke patients with a prompt diagnosis and treatment may inadvertently cause them to suffer irreparable harm. People hurt by the negligent management of strokes can seek compensation for their losses, but even in cases where there seems to be clear evidence of medical malpractice, doctors are typically reluctant to admit liability; instead, they will often seek dismissal via summary judgment. Recently a New York court issued an opinion explaining the burden of proof imposed on each party with regard to motions for summary judgment in medical malpractice cases, in a matter in which it denied the defendant’s motions. If you were harmed by incompetent medical care, you might be owed damages, and you should meet with a Syracuse medical malpractice attorney to assess what evidence you must produce to prove liability.

The Facts of the Case

It is alleged that the plaintiff presented to the defendant’s hospital complaining of lightheadedness, confusion, difficulty speaking, and right-sided weakness. He reported that he recently fell off of a stool as well. He was admitted to the hospital for evaluation and care and was treated by a radiologist, hospitalist, and neurologist during his admission. He was diagnosed with a stroke the following day, after which his condition worsened greatly.

He was ultimately transferred to another hospital for more extensive neurological care. The plaintiff subsequently filed a medical malpractice lawsuit against the defendant and his treatment providers, arguing their negligence caused him to suffer significant brain damage. The defendants each filed motions for summary judgment. Continue Reading ›

Many health care facilities in New York are owned and operated by public corporations. A patient that sustains harm due to incompetent medical care at a hospital owned by a public corporation has the right to pursue damages via medical malpractice claims, but they must adhere to specific notice requirements. If they fail to provide the public corporation with the notice required by New York law, their claims may be dismissed, as demonstrated in a recent opinion issued by a New York Court. If you suffered injuries while receiving care at a hospital, it is prudent to speak to a Syracuse medical malpractice lawyer as soon as possible to protect your right to seek compensation.

The Facts of the Case

It is alleged that the plaintiff underwent care at a hospital owned by the defendant city. The facts regarding the nature of his care were not provided, but he went on to suffer unspecified harm, which he alleged arose out of the negligence of the hospital employees. He subsequently filed a medical malpractice lawsuit against the defendant as well as an application to serve a late notice of claim or to deem the notice of claim timely filed. The trial court denied the motion, and the plaintiff appealed.

Notice in Medical Malpractice Claims Against Public Corporations

The appellate court affirmed the trial court ruling. In New York’s General Municipal Law section 50, parties allegedly harmed by the negligence of the employee of a public corporation must provide the corporation with notice of their potential claim within 90 days of the date the claim accrued. In the subject case, the court explained that even if the continuous treatment doctrine applied, the time period for filing a notice of claim would have expired in October 2019, but the plaintiff did not file his notice until September 2020. Continue Reading ›

People suffering from critical medical issues are often transported to the hospital by emergency medical technicians (EMTs) via an ambulance. EMTs are expected to employ reasonable care when transporting patients, and if they do not, it can result in injuries. In some cases, though, a person injured by the negligence of an EMT will be precluded from recovering damages due to New York’s laws regarding government-function immunity, as discussed in a recent New York opinion. If you were injured by an EMT, you might be able to pursue claims for damages, and it is smart to contact a Syracuse medical malpractice attorney as soon as possible.

The Plaintiff’s Harm

It is reported that the plaintiff was being transported to the hospital by EMTs employed by the defendant city. During the trip, he unbuckled his restraints and jumped out of the ambulance. He subsequently suffered injuries. He proceeded to file claims against the defendant, alleging the negligence of the EMTs caused him harm. In response, the defendant moved for summary judgment, arguing that it was immune from liability pursuant to the doctrine of governmental function immunity. After reviewing the motion, the court adopted the defendant’s reasoning and ruled in its favor, dismissing the plaintiff’s claims. The plaintiff appealed.

EMT Liability for Injuries Sustained During Transportation to the Hospital

The appellate court affirmed the trial court ruling on appeal. In doing so, it explained that pursuant to the doctrine of governmental function immunity, government actions that are discretionary in nature cannot form the basis of liability. Ministerial actions, on the other hand, may be grounds for imposing liability, but only if they violate a duty owed specifically to the plaintiff that is separate from any duty owed to the public generally. Continue Reading ›

The average person usually lacks an understanding of the standard of care imposed on medical professionals. As such, in most medical malpractice cases both sides will retain medical experts to explain to the judge or jury what is required under the applicable standard of care and to offer an opinion that supports their position as to whether the defendant complied with the standard. In most instances, the party that presents the most convincing expert opinion will prevail. Recently, a New York court issued an opinion highlighting the importance of expert testimony in medical malpractice cases. If you suffered harm due to the negligence of a treatment provider, you might be able to recover compensation, and you should speak to a Syracuse medical malpractice attorney as soon as possible.

History of the Case

It is alleged that the decedent presented to the defendant’s hospital with a fever, pain, and other symptoms. He was treated with antibiotics. He subsequently developed critical issues due to the side effects of the antibiotic and later passed away. The plaintiff filed a lawsuit against the defendant, asserting negligent hiring and supervision and medical malpractice claims.

Specifically, it is reported that the plaintiff argued the defendant’s physician’s negligent administration of the antibiotic and failure to monitor the decedent led to his fatal injuries. The defendant moved for summary judgment, arguing the plaintiff failed to demonstrate it deviated from the standard of care. The trial court granted the motion, dismissing all of the plaintiff’s claims, and the plaintiff appealed. Continue Reading ›

Doctors have an obligation to provide their patients with competent care, and doctors that fail to uphold this duty may be deemed liable for medical malpractice. Medical malpractice can only arise in the context of a treatment relationship, however. In other words, if there is no patient-doctor relationship between an injured party and a physician, the courts will not consider any medical malpractice claim the injured party files against the physician. This was demonstrated recently in an opinion issued in a New York medical malpractice case. If you were injured by a treatment provider, it is in your best interest to meet with a  Syracuse medical malpractice attorney about your rights.

The Plaintiff’s Harm

It is alleged that the decedent fell from her bed and sustained fatal injuries. She was 87 years old. At the time of the fall, the defendant home health aid, who was assigned to care for the decedent by the defendant home health company, was sleeping in another room that she was provided by the decedent’s family.

Reportedly, the plaintiff filed a lawsuit against the defendants alleging claims of negligence, medical malpractice, wrongful death, and lack of informed consent. The defendants moved for summary judgment on all counts, and the court granted their motion. The plaintiff then appealed. Continue Reading ›

New York is home to many hotels that countless people stay in each year. People visiting hotels typically anticipate that they will have a safe and enjoyable experience, but it is not uncommon for hotel guests to encounter dangerous conditions that cause them to trip and fall. Fortunately, many people hurt in falls can recover compensation from the owner of the property where the incident occurred. If you sustained harm in a fall, it is advisable to meet with a Syracuse personal injury attorney to discuss your rights.

The Plaintiff’s Fall

It is reported that the plaintiff suffered injuries when she tripped and fell in the hallway of the defendant’s hotel. She filed a personal injury lawsuit against the manager of the hotel and the entities that owned it, arguing that their negligence caused her fall and subsequent damages. Specifically, she averred that there was a defect in the carpet that caught her foot, causing her to tumble. The defendants moved for summary judgment, arguing that the plaintiff failed to show they were responsible for or had actual or constructive notice of the alleged defect, and therefore they could not be held liable for negligence.

Proving Liability for a Trip and Fall Accident

In analyzing the defendant’s motion, the court explained that, under New York law, a plaintiff asserting a negligence claim must show that they were owed a duty of care by the defendant, a breach of the duty by the defendant, and damages that were proximately caused by the breach. Further, in order for a defendant to be found liable for a slip and fall accident, the plaintiff must produce evidence showing both that a defective or dangerous condition existed and that the defendant either created the defect or had actual or constructive knowledge of its existence but failed to repair it within a reasonable amount of time. Continue Reading ›

It is not uncommon for people in facilities owned and operated by the federal government to receive medical care during their stay. If they subsequently suffer harm due to incompetent care, they may be able to seek recourse, but the nature of their claims depends in part on the egregiousness of the offending party’s actions. This was illustrated recently in a New York opinion in which the court dismissed the plaintiff’s claims that medical malpractice comprised a violation of his constitutional rights. If you were injured by a careless healthcare provider, you have the right to seek compensation, and you should contact a Syracuse medical malpractice attorney to discuss your prospective claims.

The Facts of the Case

It is reported that the plaintiff, a resident of a facility owned and operated by the federal government, began to complain of symptoms of hepatitis following an outbreak. He reported his symptoms to the defendants, who were health care providers, who evaluated him but did not diagnose him with hepatitis. His symptoms worsened, and he asked to go to the emergency room, but his request was denied. He was ultimately hospitalized and diagnosed with hepatitis.

Allegedly, the plaintiff filed a complaint against the defendants averring that their negligence caused him to suffer permanent and severe injuries and a reduced earning capacity and violated his constitutional rights. The defendants then moved to dismiss his constitutional violation claims. Continue Reading ›

Biopsies are routine procedures commonly used for diagnostic purposes. Although biopsies are relatively low-risk, they can nonetheless cause injuries if they are not performed properly and may form the basis of medical malpractice claims. As with all civil claims, though, they must be filed within the applicable statute of limitations; otherwise, they are subject to dismissal. This was illustrated recently in a case in which a New York court dismissed a plaintiff’s medical malpractice claims. If you suffered harm during a routine procedure, you have the right to seek compensation, and you should speak to a Syracuse medical malpractice attorney to evaluate your potential claims.

The Facts of the Case

It is reported that the plaintiff was a resident of a state facility in April 2014 when he began to experience groin pain. He met with one of the physician’s assistants employed by the facility, who arranged for him to undergo a biopsy. He was transferred to a hospital for the biopsy, but he woke from his anesthesia in the middle of the procedure in extreme pain and reportedly heard the doctor state he had made a mistake.

It is alleged that the plaintiff then filed a lawsuit against the state facility and the doctor that performed his biopsy, alleging, among other things, medical malpractice claims. The defendant moved to dismiss the plaintiff’s complaint on the grounds it was barred by the statute of limitations. Continue Reading ›

Most people will be involved in collisions at some point in their lives, and while some are fortunate to walk away unharmed, others sustain injuries that are not only painful but also costly to treat. Simply because a person suffers harm in an accident does not mean that they will be awarded compensation, however. Rather, a person injured in a car accident must demonstrate that another person is at fault to recover damages. Recently, a New York court issued a ruling in which it discussed the evidence needed to establish fault in car crash cases. If you were hurt in a collision caused by another motorist, you could be owed damages, and it is in your best interest to speak to a Syracuse personal injury attorney regarding your potential claims.

The Facts of the Case

It is alleged that in November 2016, the plaintiff was riding as a passenger in a vehicle driven by the first defendant when it was struck by a vehicle driven by the second defendant. The plaintiff sustained injuries in the crash and subsequently filed a personal injury lawsuit.

Reportedly, the first defendant moved for summary judgment, arguing that the plaintiff could not establish she was at fault for the accident and, therefore, the claims against her should be dismissed. While the plaintiff did not oppose the motion, the second defendant did; the court subsequently denied the motion, and the first defendant appealed. Continue Reading ›

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