Syracuse Personal Injury Law Blog

New York Appellate Tribunal Reviews Reasonableness of Jury’s Award for Pain and Suffering in Car Accident Case

Published on: March 28, 2021 | By Jeff DeFrancisco

In most Syracuse car accident cases that are not settled prior to trial, the amount of money damages to which an injured person is entitled is a matter to be determined by the jury. There are multiple factors to be considered in assessing the amount due, and the jury does have a fair amount of latitude in making its determination.

This is not to say, however, that the plaintiff’s fate in completely in the hands of the jury. There are certain checks on the system, including the possibility that the amount awarded by the jury may be set aside by an appellate court. When this happens, the reviewing court may issue what is called an “additur” or a “remittitur,” in which a more reasonable amount is suggested and, if the parties agree, the judgment is then modified to reflect the agreed upon amount.

If the opposing party does not agree to the suggested award, he or she has the option of appealing the matter further or having the matter returned to the trial court for a new trial.

New York Appellate Tribunal Affirms Summary Judgment to Medical Providers in Case Involving Stroke Following Surgery

Published on: March 23, 2021 | By Jeff DeFrancisco

The medical condition known as a “stroke” occurs when there is poor blood flow to the brain. Suffering a stroke can result in debilitating personal injuries and even death. High blood pressure is one of the main risk factors for strokes.

If a doctor’s negligence causes a patient to suffer a stroke, the patient may have a claim for medical malpractice. A Syracuse medical negligence attorney can help you review the facts of your case if you believe that you or a loved one may have a malpractice claim against a particular doctor or healthcare provider.

New York Woman’s Medical Malpractice Case Against Gynecologist Following Complications from Sterilization Survives Summary Judgment Motion

Published on: March 17, 2021 | By Jeff DeFrancisco

Most Syracuse medical malpractice lawsuits revolve around the issue of whether the defendant healthcare provider deviated from the standard of care that applied to the plaintiff’s medical treatment and/or whether any such deviation was the proximate cause of the plaintiff’s injuries or death. This is not always the only potential claim, however.

In addition, in some cases, the plaintiff may be able to assert what is known as a “lack of informed consent” claim. A plaintiff who asserts such a claim against a defendant medical provider is, in most cases, alleging that he or she was not given sufficient information about the risks, benefits, and alternatives to a course of treatment to make an informed choice in the matter.

Facts of the Case

The plaintiffs in a medical malpractice case appealed from the Supreme Court of Richmond County was a woman, joined by her husband (asserting a derivative claim), who sought to assert a medical malpractice claim against the defendants (a gynecologist and the medical practice that employed him). According to the plaintiffs, the defendants had failed to obtain informed consent for a sterilization procedure undergone by the woman and/or had departed from the accepted standard of care for the procedure. The plaintiffs further asserted that, as a result of the defendants’ negligence, the woman had suffered serious personal injuries and had required extensive medical treatment, including a quadruple bypass surgery.

Summary Judgment Denied by New York Court Following Accident Involving Disabled School Bus

Published on: March 15, 2021 | By Jeff DeFrancisco

A Syracuse school bus accident case begins with the question of whether the defendant owed a particular duty of care to the plaintiff. Sometimes, the duty in question was specific (like the duty to drive no faster than a certain speed in a school zone in which children are present), but sometimes it was more general (such as the duty to keep a proper lookout).

Once a duty has been established, the next question is whether that duty was breached. If it was, the third inquiry is whether the defendant’s breach of duty was the proximate cause of the plaintiff’s damages. Generally speaking, in order for a breach of duty to have been the proximate cause in a particular case, the harm must have been foreseeable (and not just a “fluke” or “freak accident.”)

If the first three elements can be proven by a preponderance of the evidence, the plaintiff must then prove his or her “damages.” The damages element speaks to the harm that befell the plaintiff as a proximate result of the defendant’s breach of duty and may include pain and suffering, medical expenses, lost wages, and the like.

Denial of Summary Judgment on Continuing Treatment Exception Affirmed on Appeal by New York Court

Published on: March 5, 2021 | By Jeff DeFrancisco

In some Syracuse medical malpractice cases, there is but a single defendant. This could be a family doctor who ignored a patient’s symptoms of a life-threatening emergency medical condition, resulting in the patient’s death, or it could be a surgeon who negligently left medical instruments inside a patient’s body, resulting in serious bodily injury.

In most cases, however, there are multiple defendants. Sometimes these defendants are connected, such as an emergency room doctor and the hospital at which he or she provided care.

There are also cases in which the various defendants’ were not connected, except in the sense that they each provided care to the same patient. These factors can complicate matters such as the statute of limitations and whether the continuous treatment doctrine has been established if the complaint was filed beyond the ordinary deadline and an exception is sought.

High School Baseball Player Assumed Risk of Multiple Balls in Play at Practice, Says New York Court

Published on: February 21, 2021 | By Jeff DeFrancisco

Many Syracuse personal injury and wrongful death lawsuits are brought by individuals asserting that other people have been negligent. “Negligence” simply means that someone has breached a duty of care owed to another person, thereby causing damages.

Negligence cases can also be filed against businesses and governmental entities – even school districts (both public and private). The inquiry is the same: was a duty breached, causing harm to the plaintiff? If so, the plaintiff can seek compensation for things like medical expenses, lost income, and pain and suffering.

Of course, there are some potential defenses to a negligence claim. Once such defense is that the plaintiff knew and understood the risks of a certain activity and chose to engage in it anyway. A defendant who can prove “assumption of the risk” may have a good legal argument against being held responsible for harm to a plaintiff who might otherwise be entitled to substantial financial compensation.

Continuous Treatment Doctrine Did Not Save Patient’s Medical Negligence Claim Against a New York Hospital

Published on: February 16, 2021 | By Jeff DeFrancisco

The Legislature of the State of New York has codified the limitations period for a Syracuse medical malpractice lawsuit. This means that, generally speaking, someone who is hurt by the mistake of a doctor or other healthcare professional must file a claim within that time period, or else his or her right to seek money damages for medical expenses, pain and suffering, and other losses caused by the doctor’s mistake is forfeited.

However, it is important to note that there are exceptions to the general limitations period. Some exceptions, such as the continuous treatment doctrine, can potentially extend the period for filing suit. Likewise, there may be certain circumstances that result in a shorter effective limitations period. If you believe that you have a claim for medical negligence, it is important to talk to an attorney as soon as possible so that appropriate measures can be taken to preserve your claim.

(Notably, the statute of limitations may be different if you were treated in another state. In some states, the period for filing a claim can be substantially shorter (or potentially longer), so it is important to get legal advice that is state-specific.)

New York Woman’s Medical Malpractice and Wrongful Death Suit Dismissed on Statute of Limitations Grounds

Published on: February 14, 2021 | By Jeff DeFrancisco

If you have suffered injuries or lost a loved one due to the negligence of a healthcare provider, you should know that you have a limited amount of time to file a claim seeking money damages from the responsible individual, group, or hospital. This time period is referred to as the “statute of limitations” or “limitations period.”

Calculating the exact deadline for filing a Syracuse medical malpractice claim (or, for that matter, a wrongful death or personal injury claim) can be tricky, so it is important to talk to a lawyer about your case as soon as possible. An attorney knowledgeable in negligence law can help make sure your claim is timely filed after talking with you about the details of your case.

Each case is unique when it comes to the statute of limitations because, while there are general guidelines about timeliness, there are also situations in which a filing period can be shortened or extended. It is, thus, imperative that you can legal advice about your case as soon as you can. Cases not filed in a timely manner are likely to be dismissed, with the plaintiff receiving nothing for his or her injuries or loved one’s wrongful death.

New York Court Denies Summary Judgment to Medical Providers Accused of Delayed Diagnosis in Cancer Case

Published on: February 7, 2021 | By Jeff DeFrancisco

A delayed cancer diagnosis can be very costly to a patient. Lost time can greatly impact a patient’s treatment options and ultimate chance of recovery.

When this happens, the patient or his or her family may have the option of filing a Syracuse medical malpractice lawsuit against the physician whose negligence caused the delay. In some instances, multiple medical providers may be held accountable for the patient’s damages.

In oncology malpractice cases, as in other types of medical malpractice lawsuits, it is the plaintiff who has the burden of proof at trial. This requires expert testimony in most cases, usually from a doctor in the same specialty (or, sometimes, in a similar field) as the allegedly negligent medical provider.

In Medical Malpractice Case Asserting Failure to Diagnose Liver Cancer, Summary Judgment Denied by New York Court

Published on: January 28, 2021 | By Jeff DeFrancisco

Syracuse Medical malpractice cases can involve many different claims, including a failure to diagnose allegation. When a plaintiff asserts a failure to diagnose claim, he or she is not saying that it is necessarily the doctor’s fault that that patient contracted the illness but that, because of a delay in a proper diagnosis and treatment, the patient suffered irreparable harm.

On the one hand, it might seem unfair to blame a physician for a disease that he or she did not cause or create. However, it must be remembered that the doctor’s job was to properly evaluate and treat the patient and that the patient was depending on (and paying for) a correct diagnosis to help him or her make proper decisions regarding medical care.

When a doctor misses a diagnosis, especially a diagnosis of a fast-moving and potentially deadly disease such as cancer, the mistake can be extremely costly to the patient. It may cost him or her a large amount of (otherwise unnecessary) medical costs, or it may ultimately cost the patient his or her life. For this harm, the medical provider must be held accountable.