Syracuse Personal Injury Law Blog

New York Woman’s Surgical Malpractice Case Should Not Have Been Dismissed on Summary Judgment

Published on: January 23, 2021 | By Jeff DeFrancisco

Motions for summary judgment are common in Syracuse medical malpractice cases. Summary judgment is a pre-trial procedure in which one party or the other (but usually the defendant) asks the court to award judgment to that party on the basis that there are no genuine issues of material fact on one or more claims.

If a court grants summary judgment, it is in effect saying that, even if any questionable evidence is construed in the light favoring the party opposing the motion, there really isn’t anything to fight about. In other words, a jury trial is not necessary because there are not any material facts that must be resolved.

When summary judgment is granted, the losing party has the right to seek appellate review of the lower’s court’s decision. When summary judgment is denied, sometimes there is an immediate appeal but, in some situations, the issue is addressed during the post-trial phase of the case.

New York Woman’s Medical Malpractice Case Against Hospital and Others Dismissed on Appeal

Published on: January 18, 2021 | By Jeff DeFrancisco

Each Syracuse medical malpractice case rests on its own unique set of facts. In some cases, it is alleged that a doctor failed to make a proper medical diagnosis and that a patient was harmed or died as a result.

Other cases pertain to procedures that were allegedly carried out in a careless or negligent fashion. Sometimes, the mistake may be glaringly obvious, such as a situation in which the wrong body part was removed or medical tools were left inside a patient’s body cavity. In other cases, an expert witness must painstakingly explain the alleged error to the jury so that they can understand the applicable standard of care and the manner in which it was supposedly breached.

Another possible claim in a medical negligence case involves a lack of informed consent. Under New York law, a physician or other medical professional has certain duties to explain both the risks and benefits of a particular medical procedure to a patient prior to him or her agreeing to such treatment.

New York Court Considers Appropriateness of Verdict in Favor of Woman Who Was Injured in Incident at Mall

Published on: January 15, 2021 | By Jeff DeFrancisco

Tragedy can strike in just a moment. One minute, someone is driving down the road, going in for a routine medical procedure, or even standing in the parking lot of a mall, and the next minute their life is changed forever.

When someone is hurt because of another’s failure to take reasonable care as required by law, the injured individual has a right to seek compensation via a personal injury or negligence lawsuit. While the burden of proof at trial in a Syracuse personal injury case is on the plaintiff, it is quite possible that he or she can be awarded a considerable amount of money in compensation for the injuries suffered due to the defendant’s negligence or carelessness.

Of course, as with any other remedy awarded by a trial court, it is possible that the plaintiff will have to continue the fight in the appellate courts. Defendants may have one or several alleged errors that they believe entitle them to a reversal of the trial court’s entry of judgment on the verdict, a downward adjustment of the verdict, or other relief.

New York Appellate Tribunal Rejects Snow and Ice Cleaning Contractor’s Request for Summary Judgment in Slip and Fall Lawsuit

Published on: January 8, 2021 | By Jeff DeFrancisco

Property owners are not liable for every injury that happens on their premises. For instance, it would be unlikely that liability would lie with a property owner in a Syracuse premises liability lawsuit in which a passerby was struck by a limb blown down by tornadic or hurricane-force winds.

However, if a particular accident was reasonably foreseeable to the property owner, liability may indeed be imposed. In the example of the downed limb, the landowner might become liable if the injured person could prove that the limb in question was from a dead tree that, in the exercise of reasonable care, should have been cut down months or even years before the plaintiff’s injury and could have been blown down by much less severe winds. In other words, maybe that tree branch was “an accident just waiting to happen.”

Snow and ice are also natural events about which a property owner’s liability depends very much on the circumstances of a particular accident. In some situations, others besides the landowner may also be held liable.

New York Mother and Infant’s Birth Injury Medical Malpractice Case Survives Multiple Motions for Summary Judgment

Published on: December 28, 2020 | By Jeff DeFrancisco

A Syracuse medical malpractice claim can arise from many different situations. While the majority of such cases involve the care, diagnosis, and treatment of adults, medical negligence can also happen during the treatment of minors.

In addition to pediatric malpractice, birth injury malpractice claims against obstetricians and similar providers are fairly common. Such acts of negligence can include failure to properly monitor a mother or infant’s vital signs during labor and delivery, failure to diagnosis certain medical conditions in the mother and/or the baby, and failure to recognize that a particular birth may be more difficult than usual.

When an act of birth injury malpractice occurs, the parents, acting on both their own behalf and that of the minor child, have a right to file a claim asking a court to award fair compensation. During the pretrial phase of the case, it is likely that some (or all) of the defendants may seek dismissal of the case, arguing that there is a lack of proof regarding their alleged negligence.

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.

New York Court Agrees That Plaintiff’s Car Wreck Case Failed to Meet Exception to No-Fault Statute

Published on: December 14, 2020 | By Jeff DeFrancisco

The state of New York is considered a “no-fault” state for insurance purposes. This means that, unless a driver or passenger who is hurt in a Syracuse car accident falls under a limited number of exceptions set forth under state law, he or she cannot recover money damages from the negligent driver who caused the crash.

However, it is important to note that “no-fault” does not completely foreclose the possibility of litigation following an accident. It simply means that the plaintiff must qualify under the relevant statutory framework in order to pursue a claim in court against the responsible driver.

As might be expected, disputes frequently arise regarding whether or not a given case should be litigated or should fall under “no-fault” rules. The trial court is typically called upon to make the initial determination on this issue, but the appeals court may eventually be asked to weigh in, as well.

Because of Lack of Constructive Notice, Dismissal of Premises Liability Case is Affirmed on Appeal by New York Court

Published on: December 5, 2020 | By Jeff DeFrancisco

Property owners and those that own businesses have certain obligations to the public. While stores, restaurants, and shops aren’t the insurers of every individual who sets foot on their premises, they do have a responsibility to take reasonable measures to prevent harm to others.

In many cases, the resolution of whether or not the business or landowner is liable for a guest’s Syracuse premises liability accident depends upon how long the allegedly dangerous condition existed. Even if the property owner did not have actual notice of the condition, there could still be liability if “constructive” notice was present.

Constructive notice exists when a condition was in place long enough for a reasonably prudent business or landowner to have become aware of the danger and taken steps to correct it. The exact time necessary for constructive notice to be present is usually dependent upon the facts of a specific case.

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 Denial of Summary Judgment to Store Owner in Premises Liability Suit

Published on: November 19, 2020 | By Jeff DeFrancisco

Property owners have certain duties to the general public, especially those who come upon their premises for a business purpose (such as a customer shopping in a store). When the landowner or property manager does not maintain a place of business in a reasonably safe manner, a person injured thereby may have grounds to file a Syracuse premises liability claim.

It is important to seek legal counsel as soon as possible after such an accident, as spoliation of the evidence can create challenges later on as the plaintiff seeks to establish a case of liability. Photos should be taken of the scene, witnesses should be interviewed, and any surveillance video should be preserved.

An attorney experienced in such matters can be a great asset to a person injured on another’s property. Together, the injured person and his or her counsel can build as strong a case as possible against the landowner as the case progresses towards a trial by jury.