Syracuse Personal Injury Law Blog

Summary Judgment to Pedestrian on Issue of Liability in Crosswalk Accident Case Affirmed by New York Appellate Tribunal

Published on: May 14, 2020 | By Jeff DeFrancisco

There are four steps to establishing liability in a Syracuse car accident case: duty, breach of duty, causation, and damages. Once each of these elements has been proven, the remaining issue is usually the amount of money damages necessary to compensate the plaintiff for his or her pain and suffering, lost wages, and medical expenses.

Sometimes, the trial court will rule, in advance of trial, that the plaintiff is entitled to a judgment as a matter of law as to liability because the defendant has not presented enough evidence for the case to go the jury on this issue. When this happens, a trial is only necessary if the parties cannot agree on a dollar figure on the damages issues. Of course, a defendant may resist a pre-trial ruling on liability, and he or she may even ask for appellate review if such a ruling is made.

Facts of the Case

In a recent pedestrian accident case arising in the Supreme Court of New York County, the plaintiff was a woman who claimed that the defendant motorist struck her while she was crossing an intersection. The plaintiff further averred that she was within the crosswalk at the time of the accident, that the traffic light was in her favor, that the defendant was making a left turn at the time of impact, and that she suffered numerous injuries due to his negligence. The plaintiff filed a motion for partial summary judgment, seeking judgment as a matter of law on the issue of liability. The defendant opposed the plaintiff’s motion, but the trial court rejected the defendant’s arguments and ruled in the plaintiff’s favor. The defendant appealed.

Summary Judgment Should Have Been Granted to Motorist in New York Rear-End Collision Accident Case

Published on: May 7, 2020 | By Jeff DeFrancisco

Although a Syracuse car accident can happen in many different ways, rear-end collisions, side-impact accidents, and head-on crashes are some of the most common scenarios for car wrecks nowadays. Driver distraction or inattention, speeding, and drunk or impaired driving are common causes of these types of car accidents. In motor vehicle accident cases, the burden of proof is on the plaintiff to prove that the accident proximately resulted from a breach of duty on the defendant’s part.

If the plaintiff cannot produce sufficient evidence to raise a question for the trier of fact on the question of negligence, his or her case is likely to be dismissed prior to trial. This is one of the many reasons why it is important to be represented by a qualified accident attorney in such cases.

Facts of the Case

In a recent case, the plaintiff was a woman who was riding in the car of the first defendant as they traveled along a busy highway. An SUV that had been traveling in the same vicinity as the first defendant allegedly “suddenly merged” and stopped in front of the first defendant’s vehicle. The first defendant was able to stop without rear-ending the SUV, but the second defendant, who was traveling behind the first defendant in traffic, was unable to stop and ran into the back of the first defendant’s vehicle. The plaintiff sued both the first defendant and the second defendant, seeking monetary compensation for injuries she allegedly sustained in the crash.

New York Appellate Court Agrees with Plaintiff in Medical Malpractice Case That Doctor Should Submit to Additional Deposition

Published on: April 30, 2020 | By Jeff DeFrancisco

A Syracuse medical malpractice case begins with the plaintiff filing a lawsuit against the allegedly negligent doctor, hospital, or another medical provider. The defendant(s) then files an answer, addressing each of the allegations made by the plaintiff in his or her suit.

From there, the case typically proceeds to the discovery phase of litigation, a time during which each party has an opportunity to send written interrogatories and requests to produce documents to the other. These are usually followed up by depositions of the parties and their respective medical expert witnesses. If the parties cannot agree on the handling of the discovery phase of the litigation, it is likely that one or both parties will seek the court’s help, sometimes by a motion to compel.

Facts of the Case

In a recent case, the plaintiffs were a husband and wife who sued several defendants, including a hospital, a medical doctor, and a radiology group, asserting a claim for medical malpractice due to the defendants’ alleged negligence in the treatment of the male plaintiff and seeking monetary compensation for the plaintiffs’ damages resulting from the defendants’ conduct. During the pre-trial phase of the case, a dispute arose between the parties with regard to whether the defendant doctor should be compelled to attend a further deposition and answer certain questions regarding certain subsequent medical treatment of the male plaintiff.

Summary Judgment to Ambulance Company Affirmed by New York Appellate Tribunal

Published on: April 28, 2020 | By Jeff DeFrancisco

Birth injuries caused by negligence during childbirth and delivery are, unfortunately, quite common. Just like surgeons and general practitioners, obstetricians and pediatricians sometimes make mistakes, and both mother and child can suffer serious, sometimes even fatal, consequences.

As with other types of Syracuse medical malpractice lawsuits, the plaintiff has the burden of proving his or her case by a preponderance of the evidence. Typically, the defendant will attempt to get the case dismissed prior to trial via summary judgment.

When this happens, the result usually depends on the strength of the parties’ respective medical expert witnesses. Unless there is a genuine issue of material fact presented by their affidavits, the court will likely rule in the defendant’s favor.

Negligent Entrustment Claim Should Have Survived Summary Judgment in Claim Brought by Family of New York Woman Killed in Scooter Accident

Published on: April 21, 2020 | By Jeff DeFrancisco

In a Syracuse motorcycle accident negligence lawsuit, the premise is simple: the defendant should be held legally liable to the person or family who was hurt by his, her, or its failure to act in a reasonably prudent manner. Four elements are required in order to prove negligence: duty, breach of duty, damages, and proximate cause.

In a car, truck , or motorcycle accident case, the defendant is usually averred to have breached a duty by failing to operate his or her vehicle as required by law. Speeding, distracted driving, and failure to yield are common examples of these types of claims. Sometimes, however, liability can arise in other situations.

Regardless of who is named as the defendant in a negligence lawsuit, the basic issue is, did the defendant conduct arise to a level that was unreasonable (or illegal) under the circumstances? If so, he or she can potentially be held liable for the damages incurred by the injured party or his or her family.

New York Court Affirms Summary Judgment to Doctors in Medical Malpractice Case Arising from Patient’s Death Due to Pulmonary Embolism

Published on: April 14, 2020 | By Jeff DeFrancisco

A doctor or healthcare provider’s failure to diagnose and/or properly treat a pulmonary embolism can result in a Syracuse surgical malpractice claim. Potentially life-threatening, a pulmonary embolism occurs when a blood clot (usually from another part of the body) blocks one of the pulmonary arteries in the lungs.

A pulmonary embolism can result in shortness of breath, chest pain, and cough; less common symptoms include irregular heartbeat, dizziness, sweating, swelling, and fever. If not promptly diagnosed or properly treated, a pulmonary embolism can cause serious injury or even death in some patients. Because surgery is one of the main causes of blood clots that result in pulmonary embolism, it is especially important that surgeons take measures to prevent, recognize, and/or treat such conditions in their patients.

Facts of the Case

The plaintiff in a recently decided case arising in the Supreme Court of New York County was the administratrix of a 49-year-old woman who died from a pulmonary embolism that was allegedly caused by bilateral deep vein thromboses in her legs. According to the plaintiff’s complaint against the defendants (a family medicine physician, a cardiologist, and others), the decedent’s condition developed after she underwent a two-day back surgery. Both the family medicine physician and the cardiologist consulted on the decedent’s care. They also allegedly reviewed certain electrocardiograms that showed T wave inversions. In the plaintiff’s view, the defendants deviated from good and accepted standards of medicine by failing to order additional testing in order to determine the cause of the decedent’s T wave inversion.

New York Appellate Court Affirms Denial to Premises Owners in Slip and Fall Case

Published on: April 7, 2020 | By Jeff DeFrancisco

Under New York law, those who operate businesses that have parking lots, sidewalks, or steps attached to their premises have certain duties to those who use those areas to walk into the owner’s shop, store, or other establishment in order to conduct business. As is typical in personal injury lawsuits, the burden of proof in a Syracuse premises liability lawsuit is on the plaintiff to prove his or her case by a preponderance of the evidence. In many cases, however, the defendant will attempt to have the plaintiff’s case dismissed prior to trial via a motion for summary judgment. In cases involving snow and ice, the defendant may argue that the accident happened during a storm and that, thus, it should not be held liable for the accident. In such a situation, it is up to the defendant to provide credible evidence of the weather conditions at the time of the plaintiff’s slip and fall accident.

Facts of the Case

In a recent case, the plaintiff was a woman who allegedly slipped and fell in a snowy parking lot owned by the defendant convenience store. She filed suit in the Supreme Court of Niagara County, seeking compensation for her injuries. The defendant filed a motion for summary judgment, arguing that it had no duty to clear the snow and ice upon which the plaintiff fell because there was still a storm in progress at the time of the plaintiff’s fall. The trial court denied the defendant’s motion, and the defendant filed an appeal.

Decision of the Court

The New York Appellate Division, Fourth Department, affirmed the lower court’s denial of the defendant’s summary judgment motion. In so holding, the court noted that the defendant relied primarily upon a meteorologist’s affidavit to the effect that it was still snowing in the town in which the accident occurred at the time of the plaintiff’s fall. In reviewing this affidavit, the appellate division pointed out that the records upon which the defendant’s expert relied were taken from three other towns – not the town in which the plaintiff fell. In opposition to the defendant’s motion for summary judgment, the plaintiff offered a different meteorologist’s report, in which the meteorologist opined that there was no way to state within a reasonable degree of professional certainty whether or not it was snowing at the time in question in the town in which the plaintiff fell.

New York Court Holds that Failure-to-Diagnose Breast Cancer Medical Malpractice Claim Was Timely Filed

Published on: March 29, 2020 | By Jeff DeFrancisco

Like other types of personal injury and wrongful death cases, claims for medical malpractice must be filed within a certain period of time (called the “statute of limitations”), or else the claimant forfeits his or her right to pursue fair compensation. While there a few exceptions to this general rule, these exceptions apply only to very limited situations. In all other circumstances, a would-be plaintiff’s claim will be dismissed as time-barred if not filed within the limitations period. Hence, it is very important to talk to Syracuse medical malpractice attorney sooner, rather than later, if you or a loved one has been the victim of medical negligence.

Facts of the Case

The plaintiff in a malpractice lawsuit filed in the Supreme Court of Orange County was a woman who had a mammogram at the defendant medical facility in April 2015. The defendant radiologist reviewed the plaintiff’s mammogram and prepared a report recommending that the plaintiff have a biopsy, but, apparently due to some miscommunication or a lack of communication, the plaintiff did not actually undergo a biopsy until November 2015. The biopsy indicated the presence of cancer.

The plaintiff’s suit sought monetary compensation for lack of informed consent and medical malpractice; more particularly, the plaintiff asserted that the defendants had been negligent in failing to diagnose her with breast cancer and in failing to give her timely notification of the results of the radiologist’s report recommending a biopsy. The defendants’ filed a motion for summary judgment, which was granted by the trial court. The plaintiff filed an appeal, seeking review from the appellate tribunal.

Dismissal of Medical Malpractice Case Brought by Family Following Patient’s Death from Stroke and Heart Attack Affirmed by New York Court of Appeals

Published on: March 23, 2020 | By Jeff DeFrancisco

Syracuse medical malpractice lawsuits often come down to a “battle of the experts.” Sometimes this happens during the pre-trial phase, in which the parties submit their respective expert witnesses’ statements in support of, or in opposition to, a motion by the defendant(s) for judgment as a matter of law. Unless the plaintiff’s expert opinion is such that it can effectively refute the defendant’s motion and the defendant’s evidence in support thereof, the plaintiff’s case may end before it reaches the trial phase.

In other situations, the case proceeds to a jury trial, and multiple experts testify. Each will likely offer a different opinion, and it will be up to the jury to resolve any conflicts in the testimony of these witnesses. If you believe that you have a claim for medical malpractice against a doctor or other health care provider, you should talk to an attorney who can assist you in the process of finding an appropriate expert witness to review your medical records and, if necessary, testify at trial.

Facts of the Case

The plaintiffs in a recent medical malpractice case arising in the Supreme Court of Kings County were the statutory wrongful death claimants of a 51-year-old man who died after being treated by the defendant medical providers several times over a multi-day period in 2009. The man had suffered with high blood pressure since his teens but had stopped taking his medication for hypertension about 6 months prior to his treatment by the defendants. When he first presented to the emergency room, he complained of a mild cough, chest pain, fever, chills, and malaise. He was admitted to the hospital and released three days later, returned the same day that he was released only to return the next day, and died about a week later after having experienced both a stroke and a heart attack.

Appellate Tribunal Affirms Summary Judgment in Favor of New York Doctor in Medical Negligence Case

Published on: March 18, 2020 | By Jeff DeFrancisco

In a Syracuse medical malpractice case, there are many steps between the act of negligence and a settlement or judgment in favor of the patient (or, if the patient died as a result of the malpractice, his or her family). One of the first steps is a review of the patient’s medical records by an expert witness. Under New York law, an expert’s opinion to the effect that the defendant medical provider failed to act in accordance with the acceptable standard of care is required in order for most medical negligence cases to be successful. If such an opinion is not forthcoming once the case proceeds to a certain point in the litigation, it is likely that the matter will be dismissed as to any defendants against whom the requisite expert’s opinion has been submitted.

Facts of the Case

The plaintiff in a recent case was the administrator of the estate of a person who allegedly died as a result of the negligence of the defendants, a doctor and patient care facility. The plaintiff filed a wrongful death lawsuit, acting both individually and as the administrator of the decedent’s estate, seeking to recover monetary damages for the decedent’s death. The Supreme Court of Bronx County dismissed the plaintiff’s complaint against the doctor after ruling that the doctor was entitled to summary judgment. The plaintiff then appealed the trial court’s decision to a higher tribunal.

The Court’s Decision on the Issues

The New York Appellate Division, First Department, affirmed the lower court’s decision. In order to be granted summary judgment in a medical malpractice lawsuit, the burden was on the defendant to convince the trial court that there were no genuine issues of material fact; only in the absence of triable factual issues was one party or the other to be granted judgment as a matter of law. Applying this standard to the case at bar, the court found that the plaintiff had failed to produce sufficient evidence for the case against the doctor to proceed to trial.